2015 (8) TMI 1553 - AT - Income Tax

Exemption u/s 11 - as per revenue receipts of the assessee are commercial in nature - Charitable activity u/s 2(15) proved or not? - whether the Revenue has brought on record any material/evidence which may suggest that the assessee was conducting its affairs on commercial line with the motive to earn profit? - HELD THAT - On dissolution of the assessee authority all properties funds and dues which are vested in or realizable by the authority shall vest in or be realisable by the state government and therefore the funds generated during so called charitable purpose period may be utilized for the purpose of the business - On page 5 of the assessment order there is a chart of the income of the assessee from various sources and as per the same Realisation from allotted properties is only Rs. 480.45 lacs and interest income is of Rs. 458.24 Lacs plus Rs. 232.25 lacs and Other receipts Rs. 665.62 lacs. In this manner as against Realisation from allotted properties of only Rs. 480.45 lacs interest income and Other receipts is Rs. 1356.11 Lacs. In view of these facts the A.O. came to the conclusion that the receipts of the assessee are commercial in nature. Under these facts in our considered opinion the judgment of Hon ble Allahabad High Court rendered in the case of CIT vs. Lucknow Development Authority 2013 (9) TMI 570 - ALLAHABAD HIGH COURT cannot be made applicable in the facts of the present case. Learned CIT (A) has simply followed this judgment without examining this aspect that the facts in the present case are tallying or not with the facts in the case of CIT vs. Lucknow Development Authority (Supra). Therefore we feel it proper that this issue should go back to CIT (A) for a fresh decision after examining this aspect that the facts in the present case are tallying with the facts in the case of CIT vs. Lucknow Development Authority (Supra) or not. We therefore set aside the order of CIT (A) and restore the entire matter back to him for a fresh decision - Appeal of the revenue is allowed for statistical purposes.

Summary

Issues:
1. Restoration of exemption u/s 11 of the Act
2. Allowing relief to the assessee
3. Application of section 2(15) of the Act

Restoration of exemption u/s 11 of the Act:
The appeal involved the restoration of exemption u/s 11 of the Act, which was earlier denied by the assessing officer. The Revenue contested the decision of the Learned CIT (A) in restoring the exemption. The tribunal examined the facts and circumstances, considering the provisions of section 11(4) and 11(4A) of the Act. The AR of the assessee relied on a judgment of the Hon'ble Allahabad High Court in a similar case. The tribunal analyzed the case law cited and found that the Revenue failed to provide evidence suggesting that the assessee operated on a commercial basis with a profit motive. The tribunal noted discrepancies in the assessment order regarding the nature of the receipts, leading to the conclusion that the funds were commercial in nature. Consequently, the tribunal set aside the order of the CIT (A) and remanded the matter for a fresh decision after ensuring a thorough examination of the facts in light of the case law cited.

Allowing relief to the assessee:
Another issue raised in the appeal was the justification of allowing relief amounting to Rs. 380,00,813/- to the assessee. The tribunal considered this issue in conjunction with the restoration of the exemption under section 11 of the Act. The decision on this relief was intertwined with the overall assessment of the case, focusing on the nature of the assessee's receipts and the applicability of commercial activities under section 2(15) of the Act. The tribunal's decision to remand the case for a fresh decision also impacted the relief granted to the assessee, indicating a comprehensive review of the entire matter.

Application of section 2(15) of the Act:
The third issue pertained to the application of section 2(15) of the Act, which deals with the definition of "charitable purpose" and its implications on activities related to trade, commerce, or business. The Revenue argued that the assessee's activities fell within the ambit of trade, commerce, or business, thereby invoking section 2(15). However, the tribunal's analysis, based on the cited case law and the assessment order's details, revealed discrepancies in the Revenue's contentions. The tribunal highlighted the need for a thorough examination of the facts to determine the applicability of section 2(15) in the present case. The decision to remand the matter for a fresh decision included a directive to reevaluate the stand on section 2(15) after providing both parties with a reasonable opportunity to present their arguments.

In conclusion, the tribunal allowed the appeal of the revenue for statistical purposes, setting the stage for a fresh examination of the issues raised in the appeal, particularly focusing on the restoration of exemption u/s 11 of the Act, the relief granted to the assessee, and the application of section 2(15) of the Act.