2017 (6) TMI 289 - AT - Income Tax

Approval of exemption granted to the assessee u/s 10(23C)(vi) withdrawn - assessee has been constituted not for sole and exclusive purpose of education and it has incurred the expenses with the sole motive of benefit to the trustees - Held that - As there is not sufficient material that is brought on record to take a definitive view in the matter on withdrawal of approval granted to the assessee u/s 10(23C)(vi) of the Act. The matter is accordingly set-aside to the file of the Ld. CIT(E) to examine the same a fresh in light of above discussions after providing reasonable opportunity to the assessee society. Appeal of the assessee is allowed for statistical purposes.

Summary

Issues Involved:
1. Withdrawal of approval under Section 10(23C)(vi) of the Income Tax Act, 1961.
2. Rent payments to trustees and their family members.
3. Personal travel expenses of trustees' family members.
4. Advances given to parties not in prescribed modes under Section 11(5) of the Act.

Detailed Analysis:

1. Withdrawal of Approval under Section 10(23C)(vi):
The appeal was filed against the order withdrawing approval granted under Section 10(23C)(vi) of the Income Tax Act, 1961. The CIT(E) held that the trust's activities resulted in undue benefits to the trustees and their family members, violating the provisions of Section 10(23C). The order was based on findings related to rent payments, personal travel expenses, and advances given in forms other than those specified under Section 11(5).

2. Rent Payments to Trustees and Their Family Members:
- Findings of CIT(E): The trust paid rent to trustees for properties they owned and resided in, which was considered an undue benefit. The trust paid ?2,28,000 and ?4,80,000 to Shri Sangam Mishra and Smt. Lakshyajaya Mishra, respectively, for property 219/5, Sardarpura, Udaipur. Additionally, ?3,99,600 was paid to Ms. Priyakanksha Mishra for property 12/493, Indira Nagar, Lucknow.
- Assessee’s Contentions: The properties were used for the trust's activities, including running a computer lab and library, holding meetings, and providing accommodation for visiting staff. The rent paid was based on a registered valuer's report and was reasonable.
- Tribunal’s Decision: The matter was remanded to the CIT(E) to examine the valuation report submitted by the assessee and carry out an independent valuation. The CIT(E) was also directed to verify the actual usage of the properties.

3. Personal Travel Expenses of Trustees' Family Members:
- Findings of CIT(E): The trust incurred travel expenses for Ms. Priyakanksha Mishra and Mr. Aryan Mishra, which were considered personal expenses. The trust failed to justify the journeys and provide supporting documents.
- Assessee’s Contentions: Ms. Priyakanksha Mishra, an administrator of the trust, traveled for trust-related activities, including visiting schools and undergoing a course in dramatics to enhance skills for organizing school programs. Mr. Aryan Mishra’s travel was for participating in a cultural program.
- Tribunal’s Decision: The Tribunal held that the travel expenses for Ms. Priyakanksha Mishra were for the trust's purposes. However, the matter regarding Mr. Aryan Mishra’s travel was remanded to the CIT(E) for further examination.

4. Advances Given to Parties Not in Prescribed Modes Under Section 11(5):
- Findings of CIT(E): The trust gave advances to M/s Saluja Construction and other parties without receiving reciprocal benefits, which were not in prescribed modes under Section 11(5).
- Assessee’s Contentions: Advances were given for purchasing properties for trust activities, including a flat used as a guest house and land for setting up a school. The investments were in compliance with Section 11(5).
- Tribunal’s Decision: The Tribunal remanded the matter to the CIT(E) to examine the investments and their utilization for the trust's purposes. The CIT(E) was directed to verify the necessity and usage of the properties and advances given.

Conclusion:
The Tribunal found insufficient material to take a definitive view on the withdrawal of approval under Section 10(23C)(vi). The matter was remanded to the CIT(E) to re-examine the issues, including rent payments, travel expenses, and advances, after providing a reasonable opportunity to the assessee. The appeal was allowed for statistical purposes.