2016 (2) TMI 735 - AT - Income Tax

Benefit of exemption u/s 11 and 12 - Held that - As the activities carried out by the Assessee certainly amounts to charitable purpose, as it is being covered under the limb education to the definition of charitable purpose is contained in section 2(15) of the Act. Therefore, the Assessee has to be necessarily considered a genuine charitable organization eligible to claim exemption u/s 11 & 12 of the Act and the provisions of the first proviso to section 2(15) do not apply to the case of the appellant. - Decided in favour of assessee.

Summary

Issues:
1. Exclusion of development fees from gross receipts.
2. Benefit of exemption under sections 11 & 12 of the Act.
3. Claim of depreciation.
4. Eligibility of the assessee as a charitable organization.

Issue 1: Exclusion of Development Fees
The Assessing Officer denied the benefit of section 11 and 12 to the assessee due to the receipt of development funds. However, the CIT(A) deleted the addition of development fees, stating that the assessee, running a school and imparting education, qualifies for exemption under section 11. The Tribunal upheld this decision, citing previous rulings and the definition of charitable purposes under section 2(15) of the Act.

Issue 2: Benefit of Exemption
The department appealed the CIT(A)'s decision on granting exemption under sections 11 & 12. The Tribunal noted that the assessee's activities, such as running schools and educational programs, fall under the definition of charitable purposes. The registration under section 12A(a) of the Act further supported the assessee's eligibility for exemption, dismissing the Revenue's grounds.

Issue 3: Claim of Depreciation
Regarding the claim of depreciation, the Revenue argued against treating it as an application of funds for exemption purposes. However, the Tribunal referenced previous cases and upheld the assessee's position that depreciation should be deducted from income for the percentage of funds required for trust purposes. The Tribunal dismissed the Revenue's appeal on this ground as well.

Issue 4: Eligibility as a Charitable Organization
The Tribunal affirmed that the assessee's activities align with charitable purposes, specifically in the field of education. Registration under section 12A(a) further validated the assessee's status as a genuine charitable organization eligible for exemption under sections 11 & 12. Consequently, the Tribunal dismissed all grounds of the Revenue and upheld the CIT(A)'s decision.

This judgment highlights the assessment of various issues, including the exclusion of development fees, eligibility for exemption under sections 11 & 12, the treatment of depreciation, and the assessee's status as a charitable organization. The Tribunal's detailed analysis and reference to legal provisions and precedents demonstrate a thorough consideration of the case, ultimately leading to the dismissal of the Revenue's appeal and the affirmation of the CIT(A)'s decision in favor of the assessee.