2017 (11) TMI 1707 - AT - Income Tax

Applicability of section 2(15) - charitable activities - charitable purpose - Held that - AS relying on COMMISSIONER OF INCOME TAX VERSUS GUJARAT INDUSTRIAL DEVELOPMENT CORPORATION 2017 (7) TMI 811 - GUJARAT HIGH COURT assessee was not involved in the activities in the spirit of commercial accommodation and therefore falls within the ambit of definition of charitable purpose contemplated under s.2(15) of the Act. In view of the foregoing, we find that the relief sought by the assessee to the extent that the activities carried on by the assessee should be recognized to be of charitable nature requires to be endorsed. However, all other issues raised in the respective appeals of the assessee and revenue would require re-examination in the light of conclusion drawn in favour of assessee towards applicability of section 2(15) of the Act as noted above. Thus, all other issues are kept open for re-examination at the end of the AO.

Summary

Issues:
1. Assessment orders under s.143(3) of the Income Tax Act, 1961 for AYs 2012-13 & 2013-14.
2. Applicability of Article 289 of the Constitution of India for tax assessment.
3. Eligibility for exclusion from total income under sections 11 & 12 of the Act.
4. Computation of total income under normal provisions of the Act.
5. Taxability of premium received on long-term lease of land.
6. Depreciation allowance and deductions.
7. Set off of brought forward deficit against current year's business income.
8. Disallowance under section 436 of the IT Act.
9. Correctness of addition and tax rate on lease premium.
10. Applicability of proviso to s.2(15) regarding charitable purpose.

Analysis:
The cross-appeals filed by the assessee and Revenue were against the orders of the CIT(A) regarding assessment orders under the Income Tax Act for AYs 2012-13 & 2013-14. The core issue revolved around the applicability of Article 289 of the Constitution of India, which exempts certain entities from tax assessment. The assessee contended that it was an agent of the State Government of Gujarat and hence exempt from tax under Article 289. The CIT(A) upheld the Assessing Officer's findings that the activities of the assessee did not qualify for exclusion under sections 11 & 12 of the Act. The CIT(A) also held that the premium received on long-term lease of land was taxable income, not a capital receipt.

Regarding depreciation allowance, the CIT(A) allowed a lower amount compared to the assessee's claim, leading to a dispute over deductions. The issue of set off of brought forward deficit against the current year's business income was raised, along with a disallowance under section 436 of the IT Act. The Revenue questioned the correctness of the addition and tax rate on the lease premium.

The crux of the matter was the applicability of the proviso to s.2(15) concerning charitable purpose. The Tribunal found in favor of the assessee, citing that the activities carried out were for charitable purposes as per the Gujarat Industrial Development Act, 1962. The Hon'ble Jurisdictional High Court also affirmed that the assessee's activities were not commercial in nature but aligned with charitable purposes. As a result, the assessment orders were set aside for reexamination in light of the charitable nature of the activities. All other issues were kept open for reexamination by the AO.

The directions and findings for AY 2012-13 were extended to AY 2013-14, leading to the setting aside of the assessment for reexamination. Ultimately, the cross-appeals of the assessee and Revenue for both AYs were allowed for statistical purposes, with the appeals being granted in the combined result.