2016 (5) TMI 1166 - HC - Income Tax

Exemption under section 11 - capital expenditure incurred by the assessee on objects of general public utility - Held that - Apex Court in S.RM.M.CT.M. Tiruppani Trust s case (1998 (2) TMI 3 - SUPREME Court ) had held that the amounts spent on acquiring capital assets for the trust were exempt. In the present case the town development expenditure of 3, 79, 192/- and expenditure against works of 8, 76, 538/- was incurred by the Improvement Trust under the statutory scheme as envisaged in Punjab Town Improvement Trust Act 1922 and therefore would be entitled to exemption. Learned counsel for the respondent-revenue has not been able to dispute the settled legal position and also the factual matrix noticed hereinbefore. Accordingly the substantial question of law is answered in favour of the assessee and against the revenue

Summary

Issues:
Delay in refiling the appeal condoned; Denial of exemption under section 11 of the Income Tax Act on capital expenditure for objects of general public utility.

Analysis:
1. The delay in refiling the appeal was condoned by the court. The appellant-assessee filed an appeal under Section 260A of the Income Tax Act, 1961 against the order passed by the Income Tax Appellate Tribunal. The substantial question of law raised was regarding the denial of exemption under section 11 of the Act on capital expenditure incurred for general public utility objects.

2. The appellant-assessee, a charitable institution, had filed a return for the assessment year 2004-05. The Assessing Officer disallowed the expenditure on works and town development expenses as capital in nature. The Commissioner of Income Tax (Appeals) upheld this decision, denying the exemption under section 11 of the Act. The appellant then appealed to the Tribunal, arguing that the expenditure was in line with its charitable objects. However, the Tribunal denied the exemption, stating the expenditure was capital in nature, leading to the current appeal.

3. The appellant cited the judgment in Pinegrove International Charitable Trust's case, where it was held that capital expenditure incurred by a trust for its objects would be considered as the application of income, entitling the trust to exemption under section 11(1) of the Act. The court noted that the expenditure by the Improvement Trust for town development and works was under a statutory scheme, making it eligible for exemption under section 11.

4. Referring to the judgment in S.RM.M.CT.M.Tiruppani Trust's case, the court highlighted that income applied for charitable purposes would be exempt from tax under section 11(1) of the Act. The court clarified the provisions regarding accumulation of income and the conditions for claiming exemptions under section 11(2). It was emphasized that the appellant was entitled to claim the benefit of section 11(1)(a) for the expenditure on charitable purposes.

5. Considering the legal precedents and factual circumstances, the court ruled in favor of the appellant-assessee, holding that the town development and works expenditure incurred by the Improvement Trust were eligible for exemption under section 11 of the Act. The court found no dispute over the settled legal position and factual background, ultimately allowing the appeal in favor of the assessee.