2015 (9) TMI 449 - HC - Income Tax

Exemption u/s 11 and 12 - whether status of the assessee should be taken as Trust as against AOP adopted in the assessment order - whether borrowed capital needs to be taken into consideration while deciding whether shares held by the trust exceeds 5% of the share capital of the company or not? - Held that - As decided in Commissioner of Income Tax vs- M/s.Islamic Academy of Education 2015 (9) TMI 450 - KARNATAKA HIGH COURT exemption u/s 11 and 12 of the Act shall not be denied to assessee. Appellate Authorities were correct in law in directing in revenue s appeal that the status of the assessee should be taken as Trust as against AOP adopted in the assessment order-

Summary

Issues:
1. Status of the assessee as "Trust" vs. AOP.
2. Investment exceeding 5% in a private limited company.
3. Consideration of borrowed capital in shareholding calculation.
4. Deletion of addition without filing required documents.

Analysis:

Issue 1:
The first issue pertains to the status of the assessee as a "Trust" as opposed to an AOP. The Court, relying on a previous decision, held in favor of the assessee, emphasizing the interpretation of relevant provisions.

Issue 2:
The second issue involves the investment exceeding 5% in a private limited company by the assessee. The Court referred to a previous judgment to decide in favor of the assessee, highlighting the application of the law in similar cases.

Issue 3:
Regarding the consideration of borrowed capital in the calculation of shareholding, the Court again relied on a previous ruling to rule in favor of the assessee. The decision was based on the interpretation of the law and its application to the current case.

Issue 4:
The final issue concerns the deletion of an addition without the required documents being filed. The Court directed the Tribunal to reconsider the issue, emphasizing a fresh adjudication based on the facts of the case without influence from previous orders.

In conclusion, the Court addressed each issue raised in the appeal, providing detailed analysis and relying on previous judgments to make decisions in favor of the assessee. The matter was disposed of, with specific directions given for further consideration by the Tribunal on one of the issues.