2018 (11) TMI 119 - AT - Income Tax

Charitable activity u/s 2(15) - hostel facility of the school provided exclusively to students of the school - whether not an integral part of education u/s 2(15) - whether a separate business activity in terms of section 11 (4A)? - Income for charitable purposes - expenses incidental to achieve the object of trust - Held that - We find that the issues and additions involved in this appeal are squarely covered in favour of the assessee by the decision of Co-ordinate Bench in the case of Kanha Charitable Trust 2017 (11) TMI 1650 - ITAT NEW DELHI where in the Tribunal has decided the identical issues in favour of the assessee holding that providing of hostel facilities and transport facilities to the student and staff member of the educational Institute cannot be considered as business activity but is subservient to the object of educational activities - the hostel and transport facilities is incidental to achieve the object of providing education as per object of the trust - Decided in favour of assessee.

Issues Involved:
1. Assessment of income from charitable activity
2. Disallowance of depreciation on capital assets
3. Treatment of hostel activities as business income
4. Charging of interest under Income Tax Act

Assessment of Income from Charitable Activity:
The appeal was filed against the order confirming the assessed income at NIL from charitable activity, contrary to the appellant's claim of (-) ?2,30,77,383. The Assessing Officer determined the net surplus of hostel activities at ?68,83,597 and treated it as business income, which was challenged by the appellant. The Tribunal found that the hostel and transport facilities provided by the society were part of its educational activities and not separate business activities. Citing various legal precedents, the Tribunal decided in favor of the assessee, allowing the appeal and directing the deletion of the additions made by the lower authorities.

Disallowance of Depreciation on Capital Assets:
The Assessing Officer disallowed the depreciation claimed by the trust on the premise that the capital expenditure had already been allowed in the year of investment, leading to double deduction. The appellant contested this disallowance, citing a decision of the Hon'ble Delhi High Court. The Tribunal, following the legal precedent, allowed the appeal and directed the Assessing Officer to delete the disallowance of depreciation amounting to ?2,33,30,470.

Treatment of Hostel Activities as Business Income:
The Assessing Officer treated the surplus generated from hostel activities as business income, considering it incidental to the business and separate from educational activities. The appellant argued that the hostel and transport facilities were integral to providing education and not standalone business activities. The Tribunal, relying on previous decisions and legal principles, concluded that the hostel and transport facilities were part of the educational activities of the society and not separate business ventures. Consequently, the Tribunal allowed the appeal and directed the deletion of the additions made by the lower authorities.

Charging of Interest under Income Tax Act:
The appellant contested the charging of interest under sections 234B, 234C, and 234D of the Income Tax Act by the Assessing Officer. However, this issue was not specifically adjudicated upon as it was considered consequential. The Tribunal did not provide a detailed analysis of this issue in the judgment.

In conclusion, the Tribunal ruled in favor of the appellant on all major issues, including the assessment of income from charitable activities, disallowance of depreciation on capital assets, and treatment of hostel activities as business income. The legal precedents and arguments presented by the appellant supported the Tribunal's decision to allow the appeal and delete the additions made by the lower authorities.

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