2015 (5) TMI 219 - HC - Income Tax

Benefit under section 10(23C)(iiiab) - ITAT allowed the claim - once a benefit is granted under section 10(23C)(iiiab) of the Act, the assessee is also entitled to the benefit under section 11 and, therefore, the Revenue's appeals were dismissed by Tribunal - Held that - The material on record discloses that the Government has financed the institutions and their share is roughly about 25 per cent. It is not in dispute that the assessee is carrying on its activities of imparting education. It is not existing for the sake of profit-making. When 25 per cent. of the finance to the assessee-institutions flows from the Government it constitutes the substantial finance and, therefore, it has satisfied all the legal requirements provided under section 10(23C)(iiiab) of the Act. Thus the finding recorded by the Tribunal that the assessee is entitled to the benefit exempted under section 10(23C)(iiiab) cannot be found fault with. The question, whether once a benefit under section 10(23C)(iiiab) of the Act is granted, the grant of exemption under section 11 of the Act is attracted or not is not gone into. It shall be decided as and when occasion arises before the appropriate court. Therefore, the finding of the Tribunal to that extent is kept open to be agitated in an appropriate forum and it will not act as precedent in the future assessment. - Decided against revenue.

Summary

Issues:
1. Dismissal of appeal by Tribunal and granting relief to the assessee.
2. Eligibility of the assessee for benefits under sections 10(23C)(iiiab) and 11 of the Income-tax Act, 1961.

Issue 1: Dismissal of appeal by Tribunal and granting relief to the assessee.
The High Court dealt with the appeal filed by the Revenue against the Tribunal's order, which dismissed the Revenue's appeal and allowed the appeal filed by the assessee, granting relief to the assessee. The order pertained to the assessment years 2003-04 and 2005-06, with a common order passed for both years. The High Court considered all appeals arising from the same order together.

Issue 2: Eligibility of the assessee for benefits under sections 10(23C)(iiiab) and 11 of the Income-tax Act, 1961.
The assessee, operating educational institutions, filed its income tax return. The Assessing Officer held that the assessee was not entitled to benefits under section 11 of the Act but did not address the exclusion benefit claimed under section 10(23C)(iiiab). The Appellate Commissioner reversed the assessing authority's decision, granting relief under section 11 but not under section 10(23C)(iiiab). Both the assessee and the Revenue appealed this decision. The Tribunal set aside the Appellate Commissioner's order, denying benefit under section 10(23C)(iiiab) to the assessee but allowing the assessee's appeals. The Tribunal dismissed the Revenue's appeals, stating that if benefit under section 10(23C)(iiiab) is granted, the assessee is entitled to benefit under section 11 as well.

The High Court analyzed the financing of the institutions, noting that about 25% came from the Government. It confirmed that the assessee was engaged in educational activities without profit-making intentions. Referring to a previous case, the court established that financing above 10% constituted substantial finance. Consequently, the finding that the assessee qualified for exemption under section 10(23C)(iiiab) was upheld. The High Court concluded that since the assessee met the requirements of section 10(23C)(iiiab), it was unnecessary to address the issue of reopening assessment or the eligibility for benefits under section 11. The High Court dismissed the appeals, with each party bearing its costs. The question of whether exemption under section 11 is applicable once benefit under section 10(23C)(iiiab) is granted was left open for future consideration in an appropriate forum, without setting a precedent for future assessments.