2016 (3) TMI 1443 - AT - Income Tax

Revision u/s 263 by CIT - wrongfull allowance of exemption u/s 11 by AO - rental receipt from kalyana mandapam was understated in the return of income and it was falsely classified as corpus donation for the purpose of claiming exemption u/s 11 - as per CIT while letting out the community hall, the trust used to collect major portion of the rent as corpus donation and used to collect a minimum amount as rent, referring to the proviso to sec. 2(15) legislature took away certain activities of general public utility outside the purview of charity u/s 2(15) of the Act by inserting two provisos to sec. 2(15) - as per assessee he has utilized the entire money received on letting out of community hall for charitable activity, therefore, the AO has rightly allowed the claim of the assessee. HELD THAT - When the AO has not examined the utilization of rent for charitable activity, this Tribunal is of the considered opinion that utilization of the income of the assessee-trust for charitable activity needs to be examined year by year for allowing the claim of the assessee u/s 11 - CIT(E) also has not examined the utilization of the fund for charitable purposes. CIT(E) proceeded as if the proviso to sec. 2(15) of the Act would make the assessee-trust not eligible for exemption u/s 11 of the Act. This Tribunal is of the considered opinion that proviso to sec. 2(15) is applicable in respect of the trust whose object is advancement of any other general public utility. In the case before us, it is not the object of the trust to advance any public utility service. The main object as per the trust deed is to establish educational and medical institution and also providing scholarship to the needy people. Therefore, proviso to sec. 2(15) may not be applicable at all. This Tribunal is of the considered opinion that the matter needs to be reexamined by the Assessing Officer in the light of the material available on record with regard to utilization of the income for charitable activity. Accordingly, while confirming the exercise of jurisdiction by the CIT(E), the Assessing Officer is directed to examine the utilization of the income of the assessee-trust in the light of the material available on record including the tax evasion petitions said to be received and thereafter decide the claim of exemption u/s 11, in accordance with law after giving a reasonable opportunity to the assessee - Appeal of the assessee is partly allowed

Summary

Issues Involved:
1. Jurisdiction of CIT(E) under section 263 of the Act.
2. Eligibility of the assessee-trust for exemption under section 11 of the Act.
3. Classification of rental income as corpus donation.
4. Application of proviso to section 2(15) of the Act.
5. Impleading of trustees in the proceedings.
6. Examination of utilization of income for charitable activities.

Issue-wise Detailed Analysis:

1. Jurisdiction of CIT(E) under section 263 of the Act:
The CIT(E) exercised jurisdiction under section 263 of the Act, finding that the Assessing Officer (AO) had not correctly interpreted the law when granting exemption under section 11. The CIT(E) identified errors prejudicial to the interest of the Revenue, prompting a revision of the AO's order. The Tribunal confirmed the CIT(E)'s jurisdiction, emphasizing the necessity to reexamine the utilization of the income for charitable purposes.

2. Eligibility of the assessee-trust for exemption under section 11 of the Act:
The AO initially granted exemption under section 11, considering the rental income from the community hall incidental to the trust's objectives. However, the CIT(E) argued that the rental income was understated and misclassified as corpus donation, which should disqualify the trust from exemption. The Tribunal directed the AO to reexamine the utilization of the income for charitable activities, suggesting that the exemption claim be reassessed based on the actual use of funds.

3. Classification of rental income as corpus donation:
The CIT(E) found that the trust collected a significant portion of the rent as corpus donation, which was understated in the income return. This classification was challenged, as it affected the trust's eligibility for exemption. The Tribunal highlighted the need for the AO to scrutinize the classification and utilization of these funds, ensuring they align with the trust's charitable objectives.

4. Application of proviso to section 2(15) of the Act:
The CIT(E) applied the proviso to section 2(15), which excludes certain activities from being considered charitable if they involve commercial activities. The Tribunal noted that the main object of the trust was educational and medical relief, not general public utility. Therefore, the proviso might not apply. However, the Tribunal emphasized the need for the AO to reassess whether the activities and income utilization align with the trust's stated objectives.

5. Impleading of trustees in the proceedings:
Two trustees sought to be heard in the proceedings, claiming grievances related to the trust's income classification. The Tribunal ruled that the Income-tax Act does not permit impleading individuals other than those who filed the return of income. It clarified that personal disputes among trustees should be resolved in civil courts, not through income-tax proceedings.

6. Examination of utilization of income for charitable activities:
The Tribunal stressed the importance of verifying whether the income from the community hall was used for charitable purposes as per the trust's objectives. The AO was directed to reexamine the records, including tax evasion petitions, to determine if the funds were appropriately utilized for charitable activities, ensuring compliance with section 11 of the Act.

Conclusion:
The appeal was partly allowed, with the Tribunal confirming the CIT(E)'s jurisdiction but directing a reexamination of the utilization of the trust's income. The AO was instructed to reassess the exemption claim under section 11, considering the actual use of funds for charitable purposes. The stay petition was dismissed, and the order was pronounced on 18th March 2016, at Chennai.