2015 (9) TMI 1005 - AT - Income Tax

Eligibility for deduction U/s.11 & 12 denied - assessee company registered U/s.25 of the Companies Act, though a non-profit institution for controlling and motor sports as per CIT(a) - Held that notification No.S.O.1246(E) dated 29.11.2002 wherein the Central Government has specified motor racing including motor cycle racing to be granted the benefit of section 80G of the Act which was not considered by the Ld. CIT (A). On perusing the order of the Ld. CIT (A) we find that these aspects were not being considered while denying the benefit of Sections 11 & 12 of the Act to the assessee. Therefore in the interest of justice we hereby remit back this issue to the file of the Ld. CIT (A) to re-consider the matter Disallowance of set-off of the earlier year s excess application for the succeeding assessment years - Held that - The claim of the assessee to carry forward the excess application of fund cannot be entertained applying the commercial principles. However if the excess application of funds are from the borrowed fund or from the sundry creditors during the earlier years, the same shall be allowed as application in the year in which such loan or sundry creditors are repaid from the income of the trust. This ground is accordingly disposed off. Tax surplus at the maximum marginal rate by denying the exemption U/s.11 of the Act - Held that - Since this issue is linked with the denial of exemption U/s. 11 & 12 of the Act which is the first ground raised by the assessee hereinabove and the same is remitted back to the file of the Ld. CIT (A), similarly this ground raised by the assessee is also remitted back to the file of the Ld. CIT (A) to decide the matter afresh. Disallowance of foreign travel expenses invoking the provisions of section 11(1)(c) - Held that - We do not subscribe to this view of the Ld. CIT (A). If the assessee has incurred foreign travel expenses outside India in order to comply with the objects of the assessee company which if entitled for the benefit of Section-11 & Section-12 of the Act, the same shall be treated as the application of income. - Decided partly in favour of assessee for statistical purposes.

Issues Involved:
1. Eligibility for deduction under Sections 11 & 12 of the Income Tax Act.
2. Set-off of earlier year's excess application of income.
3. Taxation of surplus at the maximum marginal rate.
4. Disallowance of foreign travel expenses under Section 11(1)(c) of the Act.

Issue-wise Detailed Analysis:

1. Eligibility for Deduction under Sections 11 & 12 of the Income Tax Act:
The Assessee, a non-profit institution registered under Section 25 of the Companies Act for controlling and monitoring motor sports, contested the denial of benefits under Sections 11 & 12 of the Income Tax Act by the CIT (A). The Assessee argued that its activities related to the promotion and education of motor sports should be considered "education" and thus eligible for the benefits under Sections 11 & 12, citing precedents from similar cases. The Tribunal noted that the CIT (A) did not consider relevant aspects such as the Central Government notification granting benefits to motor racing under Section 80G. Therefore, in the interest of justice, the Tribunal remitted the issue back to the CIT (A) for reconsideration in light of the aforementioned decisions and the Assessee's affiliations with various authorities.

2. Set-off of Earlier Year's Excess Application of Income:
The Assessee sought to carry forward and set off the excess application of income from previous years (2001-02 and 2003-04) against succeeding assessment years. The Tribunal referenced a prior decision in the case of The Anjuman-E-Himayath-E Islam, which held that there is no provision under Section 11 of the Act to carry forward excess expenditure. The Tribunal reiterated that the application of funds must be from the income derived from the property held under trust or voluntary contributions, and not from corpus, loans, or sundry creditors. Therefore, the claim to carry forward excess application of funds was denied, except for amounts applied from borrowed funds or sundry creditors, which would be allowed as application in the year of repayment.

3. Taxation of Surplus at the Maximum Marginal Rate:
The Assessee contested the CIT (A)'s direction to tax the surplus of Rs. 7,10,815 for the assessment year 2005-06 at the maximum marginal rate by denying the exemption under Section 11. Since this issue is linked to the first issue regarding the denial of exemption under Sections 11 & 12, the Tribunal remitted this matter back to the CIT (A) for a fresh decision.

4. Disallowance of Foreign Travel Expenses under Section 11(1)(c) of the Act:
The CIT (A) disallowed foreign travel expenses amounting to Rs. 2,39,095, citing Section 11(1)(c) of the Act. The Tribunal disagreed with this disallowance, stating that if the foreign travel expenses were incurred to comply with the Assessee's objectives and if the Assessee is entitled to benefits under Sections 11 & 12, these expenses should be treated as an application of income. The Tribunal ordered that the disallowance be reversed.

Conclusion:
The Tribunal partly allowed the appeals for statistical purposes, remitting certain issues back to the CIT (A) for reconsideration and reversing the disallowance of foreign travel expenses. The order was pronounced on 30.6.2015.

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