2018 (11) TMI 1244 - AT - Income Tax

Rectification application u/s. 154 - claim of the assessee that the assessee is a public charitable trust and not a private trust and therefore, maximum marginal rate is not applicable in the case of the assessee - section 167B applicability - Held that - In the present case, it is stated before us that as per clause 3(h) of the trust deed, the funds and income of the Trust shall be solely utilized for the achievement of the objects of the trust but we find that as per para no. 12 of the same trust deed, the trust shall be irrevocable but the trustees at any time in their discretion and for the better fulfillment of the objects of the trust may dissolve the trust and distribute the funds and properties of the trust to such institution or persons, as they may decide and approved by the objects of the trust. When we read both these clauses simultaneously, it comes out that during the life time of trust, the income / funds of the trust cannot be utilized by the trustees but if at any point of time, the trustees decides to dissolve the trust, the funds and properties of the trust can be distributed to any person as the trustees may decide and therefore, it cannot be said that the trust fund cannot be used by the trustees at all. Under these facts, in our considered opinion, the share of the trustees in the trust fund is not known and it is indeterminate and therefore, there is no infirmity in the orders of the lower authorities as per which, they applied provisions of section 164(1) of IT Act. Hence we decline to interfere in the order of CIT (A) on this issue. - Decided against assessee.

Issues Involved:
1. Adequate consideration of the correct position of law by the AO.
2. Erroneous upholding of the AO’s order by the CIT(A).
3. Denial of natural justice due to wrong interpretation of law and tax rate.
4. Taxation of the Trust's income at Maximum Marginal Rate.
5. Presumption of the Trust's activities as commercial by the AO.

Issue-wise Detailed Analysis:

1. Adequate consideration of the correct position of law by the AO:
The appellant argued that the AO did not adequately consider the correct position of law. The AO's order was challenged for not properly interpreting the applicable tax provisions and the nature of the trust's income. The appellant contended that the AO wrongly presumed the activities of the Trust to be commercial without a thorough examination of its day-to-day functioning.

2. Erroneous upholding of the AO’s order by the CIT(A):
The CIT(A) upheld the AO's order, which was contested by the appellant as erroneous. The appellant claimed that the CIT(A) did not properly consider the facts of the case and the legal arguments presented. The CIT(A) maintained that the tax rate applicable was as per section 164(1) of the IT Act, which was disputed by the appellant.

3. Denial of natural justice due to wrong interpretation of law and tax rate:
The appellant claimed a denial of natural justice, arguing that the AO and CIT(A) misinterpreted the law and the applicable tax rate. The appellant emphasized that the Trust should not be taxed at the Maximum Marginal Rate as it was a public charitable trust and not a private trust.

4. Taxation of the Trust's income at Maximum Marginal Rate:
The AO taxed the Trust's income at the Maximum Marginal Rate, which was upheld by the CIT(A). The appellant argued that the Trust's income should be taxed at normal rates applicable to individuals, not at the Maximum Marginal Rate. The AO's decision was based on the Trust's status as an AOP and its commercial nature, inferred from significant expenditures on advertisement and business promotion.

5. Presumption of the Trust's activities as commercial by the AO:
The AO presumed the Trust's activities to be commercial due to the nature of its expenditures and the declaration of income under "Profits & Gains from Business & Profession." The appellant contested this presumption, asserting that the Trust's income was primarily from educational course fees and not commercial activities.

Judgment Analysis:

Consideration of the Trust Deed:
The appellant presented the Trust deed to argue that the Trust's funds and income were solely for achieving its objectives and not for the trustees' personal gain. However, the AO and CIT(A) noted that the Trust was not registered under section 12A of the IT Act, and the trustees had taxable incomes, which influenced their decision.

Application of Sections 164(1) and 167B:
The CIT(A) and AO applied section 164(1), which mandates taxing indeterminate or unknown shares of beneficiaries at the Maximum Marginal Rate. The appellant's argument that section 167B should not apply to charitable trusts was dismissed due to the lack of exclusion in the section's provisions. The Trust's income was deemed indeterminate as the trustees could dissolve the Trust and distribute its funds, making the shares unknown.

Conclusion:
The appeal was dismissed, upholding the AO and CIT(A)'s orders. The Trust's income was correctly taxed at the Maximum Marginal Rate under section 164(1), considering the indeterminate nature of the trustees' shares and the lack of registration under section 12A. The presumption of the Trust's commercial activities was supported by significant expenditures on advertisement and business promotion.

Final Order:
The appeal filed by the assessee was dismissed, and the order was pronounced in the open court.

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