2006 (11) TMI 106 - HC - Income Tax

Exemption u/s 10(23C)(vi) - The petitioner is branch office of NPO set up in America and carries on educational activities in India and claiming exemption u/s 10(23C)(vi) of the expenditure incurred in India as prescribed manner - The petitioner not fulfilled both prescribed condition and exemption denied

Issues Involved:
1. Eligibility for tax exemption under Section 10(23C)(vi) of the Income Tax Act, 1961.
2. Application of income generated in India for educational purposes.
3. Compliance with the third proviso to Section 10(23C)(vi).

Detailed Analysis:

1. Eligibility for Tax Exemption under Section 10(23C)(vi):

The Petitioner, a branch office of an American educational institution, sought initial approval for tax exemption under Section 10(23C)(vi) for the assessment year 1999-2000. The head office had already been recognized as an educational institution in the USA and was granted exemption under Section 501(c)(3) of the Internal Revenue Code of 1954. The Authority for Advance Rulings (AAR) had previously concluded that the head office's activities were purely educational and without profit motive, thus fulfilling the conditions for exemption under the erstwhile Section 10(22) of the Act. However, with the substitution of Section 10(22) by Section 10(23C)(vi) effective from 1st April 1999, the Petitioner filed a new application for approval.

2. Application of Income Generated in India:

The main contention revolved around whether the income generated by the Petitioner in India had to be applied within India to qualify for exemption under Section 10(23C)(vi). The Petitioner argued that the surplus funds were remitted to the head office in the USA, implying that the funds were not genuinely surplus but owed to the head office. The Petitioner maintained that the terms of Section 10(23C)(vi) did not explicitly require the income to be applied within India, unlike the provisions of Section 11.

The Respondents, however, rejected this argument, stating that the application of income by institutions under Section 10(23C)(vi) should be within India. The impugned order highlighted that the surplus being expatriated outside India could not be treated as application of income for educational purposes by the applicant. The court agreed with the Respondents, noting that the exemption from tax was being granted in India, and it would be irrational to allow such exemption for income applied outside India. The court emphasized that the legislative intent was to ensure that the income is applied for educational purposes within India.

3. Compliance with the Third Proviso to Section 10(23C)(vi):

The third proviso to Section 10(23C)(vi) stipulates that the institution must apply its income, or accumulate it for application, wholly and exclusively to the objects for which it is established. The Petitioner contended that the proviso did not mention that the income must be applied in India. The court disagreed, stating that the words "in India" must be read into the proviso to make it workable and to conform with the application of the Act, which is not extraterritorial.

The court also referred to the legislative history and the amendments brought by the Finance (No. 2) Act, 1998, which aimed to limit tax exemption to educational institutions that adhere to specific conditions regarding the application and accumulation of income. The court noted that clauses (a) and (b) of the third proviso are cumulative, and merely satisfying the condition of clause (b) (investment in specified assets) was not sufficient if clause (a) (application of income) was not met.

Conclusion:

The court found no error in the view taken by the Respondents and dismissed the writ petition, stating that the Petitioner did not fulfill the conditions stipulated under Section 10(23C)(vi) of the Income Tax Act, 1961. The application of income generated by the Petitioner in India had to be applied within India for educational purposes to qualify for the exemption. The court emphasized the legislative intent to prevent misuse of tax exemptions and ensure that the benefits are granted only to institutions genuinely operating for educational purposes within India.

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