2015 (10) TMI 739 - AT - Income Tax

Exemption u/s 11 - Charitable activity u/s 2(15) - Addition on account of income from Samudaik Bhawan after allowing expenses - whether net income rightly assessed by invoking proviso to section 2(15) - CIT(A) deleted the addition - Held that - In the light of ratio laid down in the case of India Trade Promotion Organization vs Director General of Income Tax(Exemptions) (2015 (1) TMI 928 - DELHI HIGH COURT ), in the present case, we note that the use of Samudaik Bhawan and Fitness Centre and receipts of charges/fees therefrom cannot be held as an activity in the nature of trade, commerce or business or rendering of any service in relation to trade, commerce or business and hence the action of the AO was not in accordance with the provisions of the Act which was rightly dismissed by the CIT(A). On the basis of foregoing discussion we are unable to see any infirmity, perversity or any other valid reason to interfere with the conclusion of the CIT(A) on these issues. Therefore, we are inclined to hold that the CIT(A) granted relief for the assessee on justified reasoning and cogent basis and we uphold the same. - Decided against revenue.

Summary

Issues Involved:
1. Deletion of addition made by the AO on account of income from Samudaik Bhawan.
2. Deletion of addition made by the AO on account of income from Fitness Centre.
3. Deletion of addition made by the AO on account of income from license fees.

Detailed Analysis:

1. Deletion of Addition on Account of Income from Samudaik Bhawan:
The AO had added Rs. 37,86,792 to the taxable income of the assessee, asserting that the income from Samudaik Bhawan was not exempt under section 11 of the Income Tax Act due to the amended provisions of section 2(15). The CIT(A) deleted this addition, noting that the primary object of the assessee was to provide services such as education, medical relief, and relief to the poor. The Samudaik Bhawan was used for social events and charged nominal fees to recover basic expenses. The CIT(A) concluded that these activities were charitable in nature and not in the nature of trade, commerce, or business. The Tribunal upheld the CIT(A)'s decision, stating that the AO's application of the amended provisions of section 2(15) was without justified basis.

2. Deletion of Addition on Account of Income from Fitness Centre:
The AO had added Rs. 8,31,263 to the taxable income, contending that the income from the Fitness Centre was not exempt under section 11 due to the amended section 2(15). The CIT(A) observed that the Fitness Centre was used primarily by patients of Maharaja Agarsain Hospital for physiotherapy and by members of the Agarwal Welfare Society. The charges were nominal and aimed at recovering maintenance costs. The CIT(A) held that the activities were charitable and not commercial. The Tribunal agreed with the CIT(A), noting that the receipts were used exclusively for the society's objectives and lacked profit motive.

3. Deletion of Addition on Account of Income from License Fees:
The AO had added Rs. 14,74,677 to the taxable income, arguing that license fees from renting spaces to book sellers, uniform sellers, canteen operators, medical shops, and banks were not exempt under section 11 due to the amended section 2(15). The CIT(A) found that these activities were consistent with the society's charitable objectives and had been treated as such in previous years. The Tribunal supported the CIT(A)'s decision, emphasizing that the receipts were used for the society's charitable purposes and did not constitute trade, commerce, or business.

Conclusion:
The Tribunal concluded that the AO's application of the amended provisions of section 2(15) was unjustified and that the CIT(A) had rightly deleted the additions. The Tribunal upheld the CIT(A)'s decision, noting that the activities of the assessee were charitable and not commercial, and the receipts were used exclusively for the society's objectives. The appeal of the revenue was dismissed.