2015 (4) TMI 1358 - AT - Income Tax

Expenses claimed or not incurred for earning exempt income - Amount received from Bharat Lok Shiksha Parishad - AO found the assessee is not a University or other Educational Institution and has also not claimed any Exemption u/s 10(23C) - AO found the expenses claimed in the financial statement are unconnected to the said receipt received from the Bharat Lok Shiksha Parishad New Delhi - assessment has to be completed treating the assessee like any other business entity - HELD THAT - We find that there is no dispute of the receipt of a sum from Bharat Lok Shiksha Parishad New Delhi. However the expenditure incurred by the assessee is required to be examined with evidences. There is no clarity in the orders of the revenue about the business connections of the assessee Bharat Lok Shiksha Parishad New Delhi. AO is required to examine the expenditure treating the assessee as independent business entity. The assessee is required to earn income and incur the expenditure like any business entity. This is the claim of the assessee that the expenditure incurred by the assessee should be construed on business expenses. In our opinion the matter should be remanded to the file of the AO for fresh adjudication of the issue after giving an opportunity of being heard to the assessee. Assessee should demonstrate that expenditure in incurred for business of the assessee only. Accordingly the grounds raised by the assessee is allowed for statistical purposes.

Summary

Issues:
Addition of Rs.25,97,200/- received from Bharat Lok Shiksha Parishad, New Delhi for A.Y. 2009-10.

Analysis:
The appeal was filed against the order of the Ld. CIT(A) Varanasi regarding the addition of Rs.25,97,200/- received from Bharat Lok Shiksha Parishad, New Delhi. The AO added this amount as the assessee was not a University or Educational Institution and had not claimed any exemption under section 10(23C) of the Act. The AO found the expenses claimed were unrelated to the receipt from Bharat Lok Shiksha Parishad. The net addition made was Rs.26,82,610/-. The assessee contended that no deductions or exemptions were enjoyed, and the assessment should treat the assessee like any other business entity. The first appellate authority confirmed the addition without appreciating the facts. The issue revolved around whether the expenditure incurred was for business purposes.

During the appeal, the assessee argued that they were engaged in educational activities and the financial assistance received was used for educational purposes. The lower authorities failed to appreciate this aspect. On the other hand, the Revenue supported the AO and Ld. CIT(A), stating that the assessee did not provide evidence connecting the expenditure to the receipt from Bharat Lok Shiksha Parishad.

After considering the arguments and reviewing the orders, it was noted that there was no dispute regarding the receipt of Rs.28,22,280/- from Bharat Lok Shiksha Parishad. However, the expenditure incurred needed further examination with supporting evidence. The business connections of the assessee with Bharat Lok Shiksha Parishad were not clear in the orders. The AO was directed to reexamine the expenditure treating the assessee as an independent business entity. The assessee must demonstrate that the expenditure was related to the business. The matter was remanded to the AO for fresh adjudication after providing an opportunity to the assessee to be heard. The grounds raised by the assessee were allowed for statistical purposes, resulting in the appeal being allowed.

In conclusion, the appeal was allowed for statistical purposes, and the matter was remanded to the AO for a fresh examination of the issue regarding the expenditure incurred by the assessee in connection with the receipt from Bharat Lok Shiksha Parishad, New Delhi.