2016 (4) TMI 1401 - HC - Income Tax

Benefit u/s 10(23BBA) - Benefit not available to the assessee as the Bade Mathureshji Temple Board created u/s 92 of the CPC, 1908 was not registered - HELD THAT - In our opinion section 10(23BBA) of the Act applies to a body or authority (whether or not a body corporate or corporation sole) established, constituted or appointed by or under any Central, State or Provincial Act which provides for administration of any public, religious or charitable trusts or endowments etc. In the instant case, the Board was constituted by the District Judge under s. 92 CPC for administration of a public religious charitable trust. In view of above, we find that the Board was established under the Central Act, that too, for administration of a public religious charitable trust. In view of above u/s 10(23BBA) of the Act of 1961 has rightly been applied by the Tribunal. Sec. 11 and 12 apply where a body or authority is not created in the manner given u/s 10(23BBA) of the Act but the case in hand is not covered by ss. 11 and 12 of the Act of 1961. We find that the learned Tribunal has rightly decided the issue and the present appeal against the said order does not involve any substantial question of law so as to entertain it.

Summary

Issues:
1. Applicability of s. 10(23BBA) of the IT Act, 1961 to a temple board created under s. 92 of the CPC, 1908.
2. Interpretation of s. 10(23BBA) in relation to bodies established under Central, State, or Provincial Acts.
3. Comparison of the present case with the judgment of the Orissa High Court in a similar matter.

Analysis:
1. The primary issue in this case revolves around the applicability of s. 10(23BBA) of the IT Act, 1961 to a temple board created under s. 92 of the CPC, 1908. The appellant challenges the Tribunal's order granting exemption under s. 10(23BBA) due to the lack of registration of the Bade Mathureshji Temple Board. The appellant argues that the Tribunal overlooked the provisions of ss. 11 and 12 of the Act and urges for setting aside the order. The High Court notes that the creation of the Board under a Central Act qualifies for the application of s. 10(23BBA), dismissing the appellant's contention.

2. The interpretation of s. 10(23BBA) in relation to bodies established under Central, State, or Provincial Acts is crucial in this judgment. The High Court emphasizes that s. 10(23BBA) applies to bodies established under such Acts for the administration of public, religious, or charitable trusts. In this case, the Board created under s. 92 of the CPC for the administration of a public religious charitable trust falls within the purview of s. 10(23BBA). The Court highlights the distinction between s. 10(23BBA) and ss. 11 and 12, stating that the latter provisions are not applicable in the present scenario.

3. The High Court draws a parallel with a judgment of the Orissa High Court in a similar matter involving the Shri Jagannath Temple Managing Committee. The Court finds the Orissa High Court's decision relevant and applicable to the present case, affirming that the Tribunal's order aligns with the legal principles established in the referenced judgment. Consequently, the High Court dismisses the appeal, concluding that no substantial question of law is involved and upholding the Tribunal's decision based on the interpretation of s. 10(23BBA) and relevant legal precedents.

This comprehensive analysis of the judgment delves into the key issues raised, the legal interpretations provided by the High Court, and the comparison drawn with a relevant precedent, ensuring a thorough understanding of the case and its implications.