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2015 (12) TMI 1372 - AT - Income TaxClaim of exemption as charitable institution - exemption u/s 11 - CIT(A) allowed the claim - Held that - The receipt in question is only incidental to the activity of the assessee. In fact, the registration granted to the assessee was cancelled on the ground that the assessee is collecting sale of tickets on book fair, rent on stalls and service tax. For the very same assessment year under consideration, this Tribunal found that the cancellation of registration is not justified. In view of the decision of co-ordinate Bench of this Tribunal, to which the Ld. Accountant Member is a party, this Tribunal is of the considered opinion that the collection of sale of tickets, rent on stalls and service tax are incidental to the main activity of the assessee. Therefore, it cannot be construed as trade or commerce. Hence, this Tribunal is of the considered opinion that the CIT(Appeals) has rightly allowed the claim of the assessee under Section 11 of the Act. - Decided in favour of assessee. Claim of the assessee towards depreciation - Held that - When the assessee claims the cost of the capital expenditure as exemption under Section 11 of the Act, then the cost of the capital asset becomes NIL. Admittedly, depreciation under Section 32 of the Act has to be allowed only on written down value of the asset. When the written down value of the asset becomes NIL since the entire cost was allowed as application of income under Section 11 of the Act, this Tribunal is of the considered opinion that there cannot be any further claim for deduction under Section 32 of the Act. In view of the above, this Tribunal is of the considered opinion that the assessee is not eligible for deduction under Section 32 of the Act towards depreciation. However, it is made clear that the assessee is eligible for exemption under Section 11 of the Act for all the assessment years under consideration.- Decided against assessee.
Issues Involved:
1. Claim of exemption as a charitable institution. 2. Claim of depreciation under Section 32 of the Income-tax Act, 1961. Detailed Analysis: 1. Claim of Exemption as a Charitable Institution: The first issue concerns the assessee-trust's claim for exemption as a charitable institution. The Revenue argued that the assessee's activities, including conducting book fairs, collecting income from letting out stalls, and selling tickets, were commercial in nature. Therefore, under the proviso to Section 2(15) of the Income-tax Act, 1961, these activities could not be considered charitable. The Assessing Officer denied the exemption under Sections 11 and 12 of the Act, viewing the income from these activities as trade or commerce. On appeal, the CIT(Appeals) found no profit-making intent in the assessee's activities and ruled that the proviso to Section 2(15) was not applicable. The Tribunal upheld this view, noting that the object of the trust was to promote reading among the general public, and the income from tickets and stall rentals was incidental to this objective. The Tribunal referenced an earlier decision where the cancellation of the assessee's registration was overturned, reaffirming that the receipts in question were incidental to the trust's charitable activities. Thus, the Tribunal concluded that the assessee's activities did not amount to trade or commerce, and the CIT(Appeals) rightly allowed the exemption under Section 11. 2. Claim of Depreciation under Section 32: The second issue involves the assessee's claim for depreciation on capital assets. The Revenue contended that depreciation under Section 32 is only available for business or professional activities, not for charitable activities. Moreover, once the income is allowed as an application of income under Section 11, it cannot be claimed again as a deduction under Section 32. The Tribunal cited its decision in the case of Anjuman-E-Himayath-E-Islam and the Delhi Bench's decision in ITO v. Delhi Bureau of Textbooks, supporting the view that charitable institutions are not eligible for depreciation under Section 32. The assessee argued that its income should be computed on a commercial basis, including depreciation. However, the Tribunal noted that Section 32 applies only to assets used for business or profession. Since the assessee claimed to be a charitable organization, it could not avail of depreciation under Section 32. The Tribunal referenced the case of Tamil Nadu Cricket Association, where it was held that charitable organizations are not eligible for depreciation under Section 32 if they claim exemption under Section 11. The Tribunal also discussed the Kerala High Court's decision in Lissie Medical Institution and the Calcutta High Court's decision in DCIT v. Girdharilal Shewnarain Tantia Trust, which held that claiming depreciation after writing off the full value of capital expenditure as application of income leads to a cash surplus outside the books, violating Section 11(1)(a). The Tribunal concluded that since the entire cost of the capital asset is allowed as an application of income under Section 11, the written down value becomes NIL, and no further depreciation can be claimed under Section 32. Conclusion: The Tribunal upheld the CIT(Appeals)' decision to allow the exemption under Section 11, affirming that the assessee's activities were incidental to its charitable objectives and did not constitute trade or commerce. However, the Tribunal set aside the CIT(Appeals)' order regarding the claim for depreciation, restoring the Assessing Officer's decision that depreciation under Section 32 is not applicable to charitable activities. The appeal of the Revenue was thus partly allowed.
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