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2016 (7) TMI 707 - HC - Income TaxEntitlement for exemption under Section 11 (1)(a) - Held that - The assessees are entitled to claim set off of the expenditure incurred in excess of the income in the earlier years against the income of subsequent year, merely because the assessees have incurred the expenses in excess of income, may be out of accumulated fund, the question of denying the benefits of exemption to the assessees under Section 11 (1)(a) of the Act, in respect of the income in previous year relevant to the assessment year, which was admittedly applied for charitable purposes, does not arise. It is not out of place to mention here that the income of the assessees, which are Agriculture Produce Market Committees, constituted under the statute engaged in marketing of the agriculture produce stands exempted by virtue of provisions of Section 10(26AAB) w.e.f. 1.4.09. Thus the decision of the ITAT in holding the assessees entitled to claim exemption under Section 11 (1)(a) of the Act during the relevant assessment year is absolutely justified and does not warrant any interference by this court. - Decided against revenue
Issues Involved:
1. Legality of the orders passed by the Commissioner of Income Tax (Appeals) [CIT (A)] affirming the order passed by the Assessing Officer (A.O.), rejecting the claim of assessees for exemption under Section 11(1)(a) of the Income Tax Act, 1961. 2. Justification of the Income Tax Appellate Tribunal (ITAT) in allowing the claims of the assessees for exemption under Section 11(1)(a) of the Income Tax Act, 1961. 3. Consideration of whether the expenditure incurred in excess of income from the previous year can be set off against the income of the subsequent year for the purpose of claiming exemption under Section 11(1)(a) of the Income Tax Act, 1961. Detailed Analysis: 1. Legality of the Orders Passed by CIT (A) and A.O.: The appeals arose from a common order dated 4.12.12 by the ITAT, which allowed the appeals of the assessees, Agriculture Produce Market Committees, who had filed returns claiming the status of Charitable Trusts. The A.O. had rejected their claim for exemption under Section 11(1)(a) of the Income Tax Act, 1961, on the grounds that the expenditure incurred exceeded the income earned in the previous year and was funded from accumulated surplus in the Public Deposit Account (PD Account). The CIT (A) upheld the A.O.'s decision, leading to the assessees appealing to the ITAT, which ruled in their favor. 2. Justification of ITAT's Decision: The ITAT relied on its earlier decision in ITA No.385/JU/2009 and other precedents to justify its ruling. The ITAT concluded that the appellate authority, including the CIT (A), has the power to entertain new claims for deductions, even if not filed through a revised return before the assessing authority. Therefore, the ITAT found no error in the CIT (A) entertaining the claim for deduction. 3. Set Off of Expenditure Against Subsequent Year’s Income: The core issue was whether the expenditure incurred in excess of income in the previous year could be set off against the income of the subsequent year for claiming exemption under Section 11(1)(a). The court referenced the decision in "Maharana Mewar Charitable Foundation" which allowed such set-offs, stating that income applied for charitable purposes, even if incurred in excess in the previous year and adjusted against subsequent year’s income, qualifies for exemption. The court emphasized avoiding anomalies where loans taken for charitable purposes repaid from subsequent income are exempt, but direct expenditures from corpus funds are not. Conclusion: The Rajasthan High Court upheld the ITAT’s decision, affirming that the assessees were entitled to claim exemption under Section 11(1)(a) for the income applied for charitable purposes, even if it exceeded the income of the previous year and was sourced from accumulated funds. The court dismissed the appeals, confirming that the ITAT's ruling was justified, and the assessees’ claims for exemption were valid. The court also noted that the Revenue had accepted similar decisions in previous years and was precluded from taking a different stance now. Additionally, the income of Agriculture Produce Market Committees was exempt under Section 10(26AAB) from 1.4.09.
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