2020 (6) TMI 824 - AT - Income Tax

Exemption u/s 11 - denying the benefits of Section 11 and 12 by invoking proviso to Section 2(15) r.w.s. 13(8) - accumulation of 15% - AO opined that the receipt describes above represent the activities carried out are in the nature of advancement of any other object of general public utility therefore same is covered by the proviso to section 2 (15) - assessee contended that it does have any business undertaking and the proceeds collected against services were utilized for the furtherance of it charitable objective - HELD THAT - The issue involved in the case on hand has already been decided by this tribunal in the own case of the assessee 2019 (10) TMI 973 - ITAT AHMEDABAD in its favour. As the issue involved has already been decided by this tribunal in the own case of the assessee in its favour. Accordingly we set aside the finding of the learned CIT(A) and direct the AO to allow the benefit of the exemption to the assessee under section 11 and 12 of the Act. Hence the ground of appeal of the assessee is allowed.

Summary

Issues Involved:
1. Nature of Activities and Applicability of Proviso to Section 2(15) of the Act.
2. Denial of Exemption Under Section 11 of the Act.
3. Claim of Exemption Benefit of 15% of Gross Receipts.
4. Deduction of "Addition to Assets" as Application of Income.
5. Dividend Income Treatment.
6. Application of Provisions of Section 13(1)(d) of the Act.

Detailed Analysis:

1. Nature of Activities and Applicability of Proviso to Section 2(15) of the Act:
The primary issue was whether the activities carried out by the assessee, a trust constituted under the Gujarat Maritime Board Act, 1981, were in the nature of business or charitable activities. The AO observed that the assessee earned income from various services such as port maintenance facilities, marine services, and ship recycling yards, which were considered as activities in the nature of trade, commerce, or business. Therefore, the AO opined that these activities fell under the proviso to Section 2(15) of the Act, which excludes entities engaged in trade, commerce, or business from being considered as charitable.

2. Denial of Exemption Under Section 11 of the Act:
The AO denied the exemption under Section 11 of the Act, asserting that the assessee's activities were not charitable as defined under Section 2(15). The CIT(A) upheld this view, stating that the assessee's activities were commercial in nature and thus not eligible for exemption under Section 11. The CIT(A) referenced previous decisions and the Central Board of Direct Taxes (CBDT) Circular No. 11 of 2008, which clarified that activities in the nature of trade, commerce, or business by charging fees are excluded from the definition of 'charitable purpose.'

3. Claim of Exemption Benefit of 15% of Gross Receipts:
The CIT(A) also denied the benefit of accumulation of 15% of gross receipts under Section 11(1)(a) of the Act, as the assessee was treated as an Association of Persons (AoP) and taxed under the provisions of Sections 28 to 44 of the Act. The CIT(A) directed the AO to compute the income accordingly and allow depreciation on the block of assets.

4. Deduction of "Addition to Assets" as Application of Income:
The CIT(A) rejected the assessee's claim for deduction of the addition to assets amounting to Rs. 145,96,81,521 as an application of income, stating that the expenditure on fixed assets should be capitalized, and the assessee could only claim depreciation on the block of assets.

5. Dividend Income Treatment:
While the CIT(A) correctly held that the dividend income was exempt, they erred in holding that the same was subject to certain conditions. The specific details of these conditions were not elaborated upon in the judgment.

6. Application of Provisions of Section 13(1)(d) of the Act:
The assessee raised an additional ground regarding the application of Section 13(1)(d) concerning investments in various Public-Sector Companies/Corporations. However, the AR did not advance any argument on this ground during the hearing, leading to its dismissal.

Conclusion:
The tribunal noted that the issue had already been decided in favor of the assessee in previous judgments, including the ITA number 2991/Ahd/2013 and others for the A.Y. 2009-10 to 2013-14. The tribunal reiterated that the assessee, Gujarat Maritime Board, was a charitable trust engaged in the advancement of general public utility without a profit motive, and thus entitled to exemption under Sections 11 and 12 of the Act. The tribunal set aside the CIT(A)'s findings and directed the AO to allow the exemption benefits to the assessee. The additional ground concerning Section 13(1)(d) was dismissed due to a lack of argument. The order was pronounced beyond the usual 90-day period due to the unprecedented COVID-19 pandemic, which disrupted judicial proceedings.