2015 (12) TMI 1376 - AT - Income Tax

Exemption u/s 11 denied - Held that - The assessee is wholly and solely engaged in business activity and the assesseeby itself is not engaged in any charitable activity except the donations made to HNF, which the assessee considers as a charitable organization. But it is seen that even the activities of HNF is not charitable as no free treatment or free medicines are distributed to the poor. The exemption u/s. 11 is available when the assessee is engaged in charitable activities, but in the present case it is an admitted fact that the assessee is engaged in business and is not directly involved in any charitable activity as provided u/s. 2(15). After considering all the facts and circumstances of the case, I am of the view that the assessee is not a charitable organization as provided u/s. 2(15) and as such assessee is eligible for exemption u/s. 11 and accordingly, the action of the AO in denying the exemption u/s.11 is confirmed - Decided against assessee.

Summary

Issues:
1. Violation of principles of natural justice by the Commissioner of Income Tax (Appeals).
2. Denial of exemption under Section 11 of the Income-tax Act, 1961.
3. Withdrawal of exemptions by the Director General of Income Tax (Exemptions).
4. Disallowance of depreciation on assets.
5. Taxation of deletions in fixed assets.
6. Accumulation of income for assessment years.
7. Levy of interest under sections 234B, 244A, and 234D.

Issue 1: Violation of principles of natural justice by the Commissioner of Income Tax (Appeals):
The appeals challenged orders passed by the Commissioner of Income Tax (Appeals) without providing an opportunity for oral hearing to the assessee, violating principles of natural justice. The High Court found that the Commissioner had not considered the submissions of the assessee, leading to a violation of natural justice. The Court highlighted that the Commissioner's predecessor had given opportunities for a hearing, but the subsequent Commissioner failed to provide a fair hearing. Consequently, the High Court set aside the impugned orders due to the violation of natural justice principles.

Issue 2: Denial of exemption under Section 11 of the Income-tax Act, 1961:
The Commissioner of Income Tax (Appeals) denied exemption under Section 11, stating that the assessee was not engaged in charitable activities as defined under Section 2(15) of the Act. The Commissioner held that the assessee was primarily involved in business activities and not directly engaged in charitable endeavors. The High Court affirmed the charitable status of the assessee under Section 2(15), leading to the setting aside of the impugned orders concerning the assessment years 2006-07 to 2009-10.

Issue 3: Withdrawal of exemptions by the Director General of Income Tax (Exemptions):
The Director General of Income Tax (Exemptions) withdrew the exemptions granted under Section 10(23C)(iv) of the Act, which subsequently led to the denial of exemptions under Section 11 for the relevant assessment years. The High Court quashed the orders of the Director General and the Commissioner of Income Tax (Appeals) due to procedural irregularities and violation of natural justice.

Issue 4: Disallowance of depreciation on assets:
The Commissioner disallowed depreciation on assets purchased and put to use in years preceding the assessment year under appeal. This disallowance was a point of contention in the appeals filed by the assessee, challenging the Commissioner's decision.

Issue 5: Taxation of deletions in fixed assets:
The Commissioner upheld the action of the Assessing Officer in bringing to tax a specific amount on account of deletions in fixed assets during the relevant assessment year. The assessee contested this taxation, leading to an appeal before the Tribunal.

Issue 6: Accumulation of income for assessment years:
The Commissioner confirmed the accumulation of income made by the assessee for specific assessment years, resulting in tax implications. The assessee disputed this accumulation, leading to further legal proceedings.

Issue 7: Levy of interest under sections 234B, 244A, and 234D:
The Commissioner levied interest under sections 234B, 244A, and 234D on the assessee, which the assessee contended was not legally justified. The Tribunal was tasked with reviewing the validity of these interest levies in light of the relevant legal provisions.

In conclusion, the High Court's decision to set aside the orders of the Commissioner of Income Tax (Appeals) due to procedural irregularities and violations of natural justice led to the dismissal of all appeals filed by the assessee. The judgment highlighted various issues related to exemptions, procedural fairness, taxation, and interest levies under the Income-tax Act, 1961.