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2017 (5) TMI 727 - AT - Income TaxDenial of exemption u/s. 10(23C)(iii)(ad) - assessee is AOP - Held that - All the Trustee are belonging to the family of Sh. Balwant Rai Satija and the motto of the Trust is to run the Educational school and to earn profit and creating a assets. Therefore the Trust has not fulfilled the conditions of section 10(23C)(iii)(ad) of I.T. Act and therefore the Trust is not eligible for exemption u/s 10(23C)(iii)(ad) of the I.T. Act and the same was rightly denied. We further note that the case laws cited by the Ld. Counsel of the assessee are not applicable because the assessee is earning profit year by year and purchasing the property making FDRs and also earning interest thereon and most importantly the Assessee is a family Trust and earning profit/benefits and not achieving the objects of the Trust. Accordingly the income of the Trust was assessed as AOP and exemption u/s. 10(23C)(iii)(ad) was rightly not allowed and the addition i.e. surplus of profit shown by the assessee was made to the income of the assessee and exemption u/s. 10(23C)(iii)(ad) which was rightly been confirmed by the Ld. CIT(A) by holding that assessee organization is an educational institution being run for profit and thus ineligible for the exemption as claimed which does not need any interference on our part hence we uphold the order of the Ld. CIT(A) and dismiss the appeal of the assessee. - Decided against assessee.
Issues Involved:
1. Addition of ?53,91,212/- on account of running an educational institution allegedly for profit motives. 2. Denial of exemption under Section 10(23C)(iiiad) of the Income Tax Act. 3. Alleged procedural unfairness in the assessment process. Detailed Analysis: 1. Addition of ?53,91,212/- for Profit Motives: The Assessee filed an appeal against the order dated 07/11/2016 by the Commissioner of Income Tax (Appeals), which confirmed the Assessing Officer's (AO) addition of ?53,91,212/- to the income on the grounds that the educational institution was allegedly run for profit motives. The AO assessed the income of the Trust as an Association of Persons (AOP) and denied the exemption under Section 10(23C)(iiiad) of the Income Tax Act. The AO's decision was based on the observation that the Trust was generating significant surplus profits and creating assets from these profits, which indicated a profit motive rather than an exclusive educational purpose. 2. Denial of Exemption under Section 10(23C)(iiiad): The primary issue in the appeal was the denial of exemption under Section 10(23C)(iiiad) on the grounds that the appellant society had made substantial profits, which suggested that it did not exist solely for educational purposes. The Trust's receipts were below ?1 crore, which is a threshold for exemption under this section. However, the AO and CIT(A) concluded that the Trust was not fulfilling the conditions of this section as it was also earning profits and creating assets outside the school premises. The Trust had purchased land in District Palwal and made Fixed Deposit Receipts (FDRs) earning interest, which was seen as evidence of profit motives. 3. Alleged Procedural Unfairness: The Assessee contended that the CIT(A)'s order was passed without providing adequate opportunity for a hearing and was based on incorrect facts and findings. The Assessee argued that the surplus funds were used for the expansion of the educational institution and were not distributed for personal gain. The funds were kept in scheduled nationalized banks, which is a recognized mode under Section 11(5) of the Act. The Assessee also pointed out that the Trust had been filing returns since 2001 and had been granted exemptions in previous years. Tribunal's Findings: The Tribunal upheld the CIT(A)'s decision, agreeing that the Trust did not meet the conditions for exemption under Section 10(23C)(iiiad). The Tribunal noted that the Trust was generating increasing profits each year and was creating assets outside the educational institution's premises. The Tribunal also observed that all trustees were from one family, suggesting that the Trust was a family-run entity aimed at earning profits. The Tribunal dismissed the appeal, affirming the addition of ?53,91,212/- to the income and the denial of exemption under Section 10(23C)(iiiad). Conclusion: The Tribunal concluded that the Trust was not solely existing for educational purposes but was also earning profits and creating assets, thereby not fulfilling the conditions for exemption under Section 10(23C)(iiiad). The appeal was dismissed, and the order of the CIT(A) was upheld. The Tribunal found no procedural unfairness in the assessment process. Order: The Assessee's appeal was dismissed, and the order was pronounced in the Open Court on 12/05/2017.
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