2016 (10) TMI 177 - AT - Income Tax

Denial of exemption u/s 11 - whether the assessee is engaged in the business of activities not covered within the meaning charitable as defined in section 2(15) and that the activity of training of cadets was not qualified to be education and also that the assessee has been making profit on continuous basis and without any charitable object as provided under section 2(15)? - Held that - All the courses may not be approved by the Director General of Shipping but that by itself is no ground to hold that the purpose is not charitable. The assessee trust was set up to administer and maintain technical training institution at various places in India for pre-sea and post-sea training for the ships and maritime industry and was engaged to provide on-board and offshore training and also seems to be education and accordingly, held that there is no substantial question of law and dismissed the appeal of the revenue. We find that the case of assessee is squarely covered by the ratio laid down by the jurisdictional High Court in the case of Samudra Institute of Maritime Studies Trust, (2014 (9) TMI 575 - BOMBAY HIGH COURT ). Respectfully following the above mentioned judgment of Hon ble High Court we set aside the order of the ld.CIT(A) and direct the AO to allow the benefit an enumerated under section 11 of the Act by deleting the addition. - Decided in favour of assessee

Summary

Issues:
Denial of exemption u/s 11 of the Income Tax Act, 1961 for engaging in business activities not considered charitable as per section 2(15) of the Act.

Detailed Analysis:
1. Issue of Denial of Exemption u/s 11: The appeal was filed against the order denying exemption u/s 11 of the Income Tax Act, 1961. The Assessing Officer (AO) concluded that the activities of the assessee were beyond the scope of deduction under section 2(15) of the Act, as the trust was engaged in commercial and business activities, particularly in training cadets, which was not considered education as per the Act. The AO observed that the trust was making profits continuously without a charitable object as required under section 2(15).

2. Assessee's Arguments and CIT(A) Decision: The assessee contended that the training activities were covered under the definition of education and cited a similar case in support of their claim. However, the Commissioner of Income Tax (Appeals) [CIT(A)] dismissed the appeal, stating that training cadets did not qualify as education. The CIT(A) upheld the AO's decision that the activities were business-oriented, not charitable, and the trust lacked a charitable object as per section 2(15).

3. High Court Judgment and Tribunal Decision: The case was compared to a judgment by the High Court where a similar issue was decided in favor of the assessee. The Tribunal analyzed the High Court's decision, emphasizing that the trust's activities were aimed at technical training for the maritime industry, which was considered educational and charitable. The Tribunal ruled in favor of the assessee, directing the AO to allow the benefit under section 11 of the Act by deleting the addition made by the AO.

4. Conclusion: The Tribunal's decision was based on the finding that the trust's activities aligned with the purpose of providing technical education in the maritime sector, qualifying for exemption under section 11. The judgment highlighted the distinction between commercial training and educational activities, ultimately allowing the appeal and granting the assessee the exemption under the Income Tax Act, 1961.

This detailed analysis outlines the key issues, arguments presented, judicial decisions, and the final outcome of the case regarding the denial of exemption under section 11 of the Income Tax Act, 1961.