2019 (5) TMI 1773 - AT - Income Tax

Exemption u/s 11 denied - charitable activity u/s 2(15) - assessee has rendered services by way of conducting coaching/learning classes to the individuals in the field of sports and other related activities and charging fees thereupon which is purely in the nature of business/commerce/trade - HELD THAT - The nature of receipts as shown in the income and expenditure account and has also been noted by the AO is flowing from the activities carried out in pursuance of the objects for which it was granted registration u/s 12AA. Assessee trust has basically has received fees from the students for value education workshop and giving coaching for the sports. Such an activity ostensibly falls within the ambit of category of education and giving coaching in sports is also one of the related activities for the overall development of the youth and the sports activities. Any fees received from such activities cannot be held to be in the nature of any trade, commerce, business activities. In this case, proviso to section 2(15) may not attract in this case, because said proviso is applicable only where a trust is carrying out advancement of any other object of general public utility and here the activities of the assessee trust falls in the realm of activities of educational and sports. Accordingly, we hold that assessee is eligible for benefit u/s 11 and 12 and we do not find any reason to deviate from the finding of the Ld. CIT(A) and the same is affirmed. - Decided against revenue.

Summary

Issues:
1. Whether the receipts from conducting coaching/learning classes in sports and related activities by a trust are taxable as business income or eligible for exemption under section 11.

Analysis:
1. The appeal was filed by the revenue against an order passed by Ld. CIT (Appeals)-40, New Delhi for the assessment year 2011-12 regarding the quantum of assessment under section 143(3). The revenue contended that the assessee, a trust promoting education in sports and allied activities, was engaged in business/commerce/trade activities by conducting coaching classes and charging fees.

2. The assessee, a registered trust under section 12AA, declared NIL income claiming exemption under section 11 for the assessment year. The Assessing Officer (AO) treated the receipts from sports, activities, and work experience as business income, invoking the proviso to section 2(15), as the trust charged fees for coaching and workshops.

3. The AO held that the trust's activities were not charitable, disallowing the benefit under section 11. The assessee provided lists of students for whom fees were charged, arguing that charging fees did not imply engagement in trade or commerce. The AO concluded that the trust's services for education and sports coaching were commercial in nature.

4. The assessee cited judgments of the Delhi High Court to support its position that charging fees for educational and sports activities did not disqualify it from claiming exemption under section 11. The CIT(A) agreed with the assessee, stating that the trust's activities fell within the scope of charitable activities, making it eligible for benefits under section 11.

5. The Tribunal noted the trust's registration under section 12AA and its objectives related to promoting educational research, academic, cultural, arts, and sports activities. The nature of receipts, derived from conducting value education workshops and sports coaching, aligned with the trust's registered objectives, indicating non-commercial activities.

6. The Tribunal held that the trust's activities were educational and aimed at youth development through sports, not business or commerce. The receipts from coaching and workshops were considered part of educational endeavors, exempt from the proviso to section 2(15). Consequently, the trust was deemed eligible for benefits under sections 11 and 12, affirming the CIT(A)'s decision.

7. Ultimately, the Tribunal dismissed the revenue's appeal, upholding the trust's eligibility for exemption under sections 11 and 12. The order was pronounced in the Open Court on 20th May 2019.