2017 (12) TMI 853 - AT - Income Tax

Exemption u/s 11 denied - trust was holding equity shares for the period 01-09-2009 from 04-09-2009 which is hit by a bar u/s 13(1)(d) - Held that - From perusal of the orders of the authorities below , it is not emanating as to when the will was probated. It is also not emerging from the facts on record as to what was the share ownership pattern of the said company M/s Warden Polyclinic Private Limited from the day will was executed in favour of the assessee till the shares were transferred in assessee s name in company s record and its final sale by the assessee. It is also not emanating from records as to the reasons for not transferring of shares in favour of the assessee for last 14 years and whether any litigation was going on w.r.t. these shares. It is also not emanating from records as to the control exercised by the assessee over the immovable property being flat no. 6 at Ben Nevis Warden Road , Mumbai through holding of 100 shares of the said company M/s Warden Polyclinic Private Limited .These propositions are no doubt relevant proposition for adjudicating the dispute between rival parties and fastening of tax liability on the assessee. Thus, keeping in view factual matrix of the case and in the interest of justice, we are inclined to set aside and restore this matter back to the file of the AO for fresh adjudication of the dispute - Decided in favour of assessee for statistical purposes.

Summary

Issues:
1. Applicability of Section 13(1)(d) regarding holding of shares by a trust.
2. Claim of exemption under Section 11(1A) for the sale of shares and investment in immovable property.
3. Interpretation of provisions related to the transfer of shares and immovable property.
4. Need for further investigation into ownership patterns, probate of will, and control over immovable property.

Issue 1: Applicability of Section 13(1)(d)
The case involved a trust registered as a charitable organization claiming to be engaged in education. The trust received a donation of 100 shares of a private limited company attached to a property, which were later sold. The Assessing Officer (AO) observed that holding these shares violated Section 13(1)(d) and denied exemption under Section 11. The CIT(A) upheld this decision, stating that the shares were held for a short period, thus not meeting the conditions of Section 13(1)(d).

Issue 2: Claim of Exemption under Section 11(1A)
The trust argued that the shares were received as a corpus donation and the sale proceeds were invested in an immovable property, claiming exemption under Section 11(1A). The tribunal noted that the trust held and transferred immovable property through the shares. However, the trust failed to provide supporting evidence for its contentions, and new arguments were raised for the first time during the appeal.

Issue 3: Interpretation of Provisions
The tribunal highlighted the lack of information regarding the probate of the will, ownership patterns of the company, and reasons for the delayed transfer of shares. The tribunal suggested that these aspects were crucial for determining the tax liability on the trust. Due to insufficient evidence and the need for further investigation, the tribunal set aside the matter for fresh adjudication by the AO, emphasizing the importance of granting the trust an opportunity to present evidence and explanations.

Issue 4: Need for Further Investigation
The tribunal emphasized the importance of investigating the ownership patterns, probate of the will, control over the immovable property, and reasons for the delayed transfer of shares. These factors were deemed essential for a fair adjudication of the dispute. The tribunal ordered the matter to be sent back to the AO for a fresh review, ensuring the trust's right to present all necessary evidence and explanations during the proceedings.

This detailed analysis of the legal judgment addresses the issues related to the applicability of tax provisions, exemption claims, interpretation of legal provisions, and the need for further investigation into crucial aspects of the case.