2019 (9) TMI 1502 - AT - Income Tax

Eligibility of exemption u/s.10(21) - CIT-A categorizing the Institution as Association - HELD THAT - The primary order of the Tribunal in assessee s own case for the assessment year 1997-98 denial of exemption by the Assessing Officer is based on the fact that the Assessee is classified as an Institution. It is the case of the Department that the Assessee-society is classified as an Institution and not as an Association and as per the provisions of sec.10(21) of the Act exemption is available only to an Association. But once the fact that the Assessee-society is engaged in research work regarding agriculture related activities and it is recognized as a leading National Body in the field of Research in Bio-Technology and Toxicology. Further the Central Board of Direct Taxes has classified the Assessee-society as an Association in the year 1997 after due verification of its object as well as its activities and there is no change in the objectives of the Assessee-society from its inception till date. In view of these facts and circumstances of the case and respectfully following the Tribunals decision cited supra we hold that the Assessee is entitled to exemption under sec.10(21) of the Act as the Assessee-society is engaged in research work in agriculture related activities.

Summary

Issues:
Appeals by Revenue against CIT(A) order granting exemption u/s.10(21) of the Act to the assessee categorized as an Institution, Cross-Objections by assessee, Common issue of exemption u/s.10(21) in all appeals.

Analysis:
The Appellate Tribunal ITAT Chennai heard appeals filed by the Revenue and Cross-Objections by the assessee against the CIT(A) order granting exemption u/s.10(21) of the Act. The Revenue contended that the CIT(A) erred in categorizing the assessee as an "Institution" instead of an "Association" for the purpose of Sec.35(1)(ii) of the Act. The Revenue argued that the previous categorization as an Institution by DGIT(Exemption) deprives the assessee of the exemption u/s.10(21) available only to an Association. The Revenue also challenged the CIT(A)'s reliance on previous ITAT orders, stating that the issue was not final as appeals were filed before the High Court. The assessee, represented by Mr.S.Bhaskar, argued that the issue was covered by previous Tribunal decisions in the assessee's favor and that the CIT(A) followed judicial discipline in granting the exemption.

The Tribunal referred to a previous order regarding the assessee-society's objectives and activities related to scientific research in plant protection and toxicology. The Tribunal noted that the Central Board of Direct Taxes had classified the assessee as an Association in 1997 based on its research work and activities. The Tribunal held that the assessee was entitled to exemption under sec.10(21) as it was engaged in research work in agriculture-related activities. The Tribunal confirmed the CIT(A)'s findings based on the previous Tribunal decisions in favor of the assessee.

Regarding the Cross-Objections filed by the assessee, no substantial arguments were presented, leading to their dismissal. Consequently, the Tribunal dismissed the appeals filed by the Revenue for the assessment years in question and upheld the CIT(A)'s order granting exemption u/s.10(21) to the assessee. The corresponding Cross-Objections of the assessee were also dismissed. The order was pronounced in an open court after the conclusion of the hearing.