2018 (4) TMI 309 - AT - Income Tax

Eligibility to exemption u/s 11 & 12 - funds of the appellant trust were utilized for the personal benefit of trustees of the appellant trust - car used for the purpose of the school education - Held that - There is no finding to the extent that how the car has been used for the purpose of the school education and the use for the purpose of trust so as to be eligible for exemption u/s 11 of the Income Tax Act, 1961. The same needs to be verified. Therefore, the order of the CIT(A) is set aside and the matter is remanded back to the file of the Assessing Officer for verifying all the relevant materials. Transaction between the appellant trust and M/s Godwin Construction Pvt. Ltd. - AO did not accept the explanation of the assessee mainly on the ground that the transaction between two interrelated parties by way of memorandum cannot be treated as reliable - Held that - CIT(A) is right in holding that the transactions referred to by the Assessing Officer are between the trust and a company which is engaged in the business of real estate development. There is no bar in the statute that a trust which is claiming exemption u/s 11 cannot have commercial transaction with a company in which the trustees are directors. The only condition in such transaction can be that the transaction should be at appropriate value and no undue benefit accrues to either of the transacting parties. The copy of account of the assessee trust as appearing in the books of the company was filed before the Assessing Officer. Further, there is no finding by the Assessing Officer that the asset claimed to be purchased by the assessee trust was not recorded in the books of trust as on the date of search. Thus, there is no need to interfere with the findings of the CIT(A).

Summary

Issues Involved:
1. Exemption under Sections 11 & 12 of the Income Tax Act.
2. Alleged violation of Section 13 due to the use of a Mercedes Benz car.
3. Transaction between the appellant trust and M/s Godwin Construction Pvt. Ltd.

Issue-wise Detailed Analysis:

1. Exemption under Sections 11 & 12 of the Income Tax Act:
The Revenue appealed against the order of CIT(A) which allowed the exemption under Sections 11 & 12 to the appellant trust. The Assessing Officer (AO) had disallowed this exemption on the grounds that the trust provided benefits to persons referred to in Section 13(3) of the Act. The CIT(A), however, found that the AO did not establish any clear violation of Section 13 by the appellant trust. The CIT(A) directed the AO to allow the exemption under Sections 11 & 12, as the trust was involved in educational activities and had been enjoying the benefit of registration under Section 12A since 1988.

2. Alleged violation of Section 13 due to the use of a Mercedes Benz car:
The AO based the disallowance of exemption on the use of a Mercedes Benz car, alleging it was for the personal benefit of the trustee. The CIT(A) examined the statement of the school principal, Sh. A.N. Pandit, and additional evidence, concluding that the AO failed to establish that the car was used for personal purposes. The car's registration in the trustee's name did not necessarily imply personal use. The CIT(A) referenced similar cases, concluding that the AO did not prove a violation of Section 13 regarding the car's use. However, the Tribunal found that the CIT(A) did not sufficiently verify how the car was used for school purposes and remanded the matter back to the AO for further verification.

3. Transaction between the appellant trust and M/s Godwin Construction Pvt. Ltd.:
The AO questioned the purpose of payments made by the trust to M/s Godwin Construction Pvt. Ltd., suspecting it was not for the purchase of land as claimed by the trust. The CIT(A) noted that transactions between the trust and the company were commercial and at arm's length, with no undue benefit accrued to either party. The CIT(A) found no evidence from the AO that the asset was not recorded in the trust's books. The Tribunal upheld the CIT(A)'s decision, agreeing that the transactions did not violate Section 13 and dismissed the Revenue's grounds on this issue.

Conclusion:
The Tribunal partly allowed the Revenue's appeals for statistical purposes. It remanded the issue concerning the use of the Mercedes Benz car back to the AO for verification but upheld the CIT(A)'s findings on the transactions between the trust and M/s Godwin Construction Pvt. Ltd. The AO was directed to follow principles of natural justice and provide the assessee an opportunity of being heard.