2017 (11) TMI 516 - AT - Income Tax

Eligibility to exemption u/s 11 - Held that - It is submitted that in earlier Assessment Years the Exemption was granted by the Department which was taken into cognizance by the CIT(A) in his order. There is no need to interfere with the order of the CIT(A). As per the decision in assessee s own case passed by the ITAT and confirmed by the Hon ble High Court, the issue is squarely covered in favour of the assessee. There was no change in the object and purpose of the assessee. There is no adverse finding against the assessee on any matters and as such it is difficult to sustain the order of the AO denying the exemption u/s 11(1) to the assessee - Decided against revenue.

Summary

Issues:
- Appeal against CIT (A) order allowing exemption u/s 11
- Disregarding facts of the case
- Accrued interest income treatment
- Relying on findings of ITAT and High Court
- Charitable society running hospital
- Exemption u/s 11 denied invoking Proviso of section 2(15)
- Registration u/s 12AA(1) cancelled and restored
- Exemption u/s 10(23C) rejected and allowed
- Appeal against Assessing Officer's order for A.Y 2009-10
- Assessee not involved in trade, commerce, or business
- Mere receipt of income or fees
- Proper documents not produced before Assessing Officer
- No change in object and functions of the assessee
- Exemption granted in earlier Assessment Years
- Issue squarely covered in favor of the assessee

Analysis:
The judgment deals with multiple issues arising from an appeal against the CIT (A) order allowing exemption u/s 11, despite the Assessing Officer's denial based on the Proviso of section 2(15). The case involves a charitable society running a hospital and facing challenges regarding its charitable status. The society's registration u/s 12AA(1) was canceled and later restored by the Tribunal. The Assessing Officer invoked the Proviso of section 2(15) to deny exemptions, alleging profit motives in running the hospital. The CIT (A) overturned this decision, emphasizing the society's charitable nature and lack of profit motive.

The judgment highlights the importance of proper documentation and the need to establish the charitable activities of the assessee. The Assessing Officer's rejection of exemption u/s 11 was contested based on the society's historical charitable work and lack of profit-driven activities. The Tribunal and High Court rulings in similar cases favored the assessee, emphasizing the continuity of the society's charitable objectives and functions.

The judgment also addresses the issue of the assessee not being involved in trade, commerce, or business, emphasizing that mere receipt of income or fees does not negate its charitable status. The CIT (A) decision to allow the exemption u/s 11 was upheld, citing previous legal precedents and the society's consistent charitable activities. The judgment affirms the CIT (A) order, dismissing all appeals of the Revenue and maintaining the exemption for the assessee under section 11(1) of the Act.