2016 (7) TMI 956 - AT - Income Tax

Entitlement to benefit under section 10(23C)(iiiab) denied - Held that - It is not in dispute that assessee solely exists for educational purposes. Therefore, assessee is entitled for deduction/exemption under section 10(23C)(iiiab) of the Act. Further, the ld. CIT(Appeals) found that assessee s total receipts were of ₹ 1.48 Cr out of which 95% grant-in-aid was ₹ 40,01,416/-, vocational course grant was ₹ 9 lacs. Grant-in-aid received from the government and from UGC would not constitute the receipts of educational institution. Further, donations are meant for specific purposes i.e. for building purposes and other donations were also specific towards the corpus of the assessee. Therefore, grant-in-aid given by the Punjab Government towards payment of salary could not be constituted as part of the receipts of the assessee. Similarly, receipts from UGC for running vocational course would not be receipt of the assessee. Donations are meant for specific building purposes, therefore, ld. CIT(Appeals) was justified in holding that these are not receipts of the assessee educational institution. When these amounts are reduced from the total receipts of the assessee, the total receipts from educational institution would be less than ₹ 1 Crore. Therefore, assessee would be entitled for deduction/exemption under section 10(23C)(iiiad) of the Income Tax Act. - Decided in favour of assessee.

Summary

Issues:
1. Treatment of grant-in-aid, vocational grant, and donation for computing the cap of ?1 Crore under Section 10(23C)(iiiad).
2. Applicability of Section 10(23C)(iiiab) for exempting the income of the assessee.
3. Assessment of total receipts and eligibility for exemption under Section 10(23C)(iiiad) and Section 10(23C)(iiiab).

Analysis:

Issue 1: Treatment of grant-in-aid, vocational grant, and donation
The appellant contested that grant-in-aid, vocational course grant, and donations should not be included in total receipts for calculating exemption under Section 10(23C)(iiiad). The appellant provided details of various grants and donations received, arguing that these amounts were specific and not part of the educational institution's total receipts. The ld. CIT(Appeals) agreed with the appellant's contentions, holding that these specific grants and donations should be excluded from total receipts. The ld. CIT(Appeals) calculated the effective receipts after deducting these specific amounts, concluding that the total receipts were less than ?1 Crore, making the appellant eligible for exemption under Section 10(23C)(iiiad).

Issue 2: Applicability of Section 10(23C)(iiiab)
The appellant also argued that the educational institution was substantially financed by the government, making it eligible for exemption under Section 10(23C)(iiiab). The ld. CIT(Appeals) considered the appellant's claim, noting that the Punjab Government provided significant financial support, covering almost the entire salary of teachers. The ld. CIT(Appeals) analyzed the nature of grants and donations received, determining that these specific funds should not be considered as part of the educational institution's receipts. Consequently, the ld. CIT(Appeals) found that the appellant met the criteria under Section 10(23C)(iiiab) due to substantial government financing and exempted the appellant's income.

Issue 3: Assessment of total receipts and exemption eligibility
The Assessing Officer initially calculated that the grant received by the appellant constituted only 25.6% of the total receipts, leading to a denial of benefits under Section 10(23C)(iiiab). However, the ld. CIT(Appeals) re-evaluated the receipts, excluding specific grants and donations, and found that the total receipts were below ?1 Crore. The ld. CIT(Appeals) referenced a High Court judgment where substantial government financing of 25% satisfied the requirements of Section 10(23C)(iiiab). Based on this analysis, the ld. CIT(Appeals) upheld the appellant's eligibility for exemption under Section 10(23C)(iiiab) and Section 10(23C)(iiiad), dismissing the revenue's appeal.

In conclusion, the judgment favored the appellant by recognizing the exclusion of specific grants and donations from total receipts, establishing substantial government financing, and confirming the eligibility for exemption under relevant sections of the Income Tax Act.