2021 (9) TMI 51 - HC - Income Tax

Exemption u/s 10(26B) - infrastructure capital fund - Whether ITAT erred in allowing the exemption to the Assessee by not appreciating that this benefit is specifically restricted to promotion of interest of members of SC, ST, OBC community only and the target group of the assessee are Safai Karmacharis , who may or may not belong to SC, ST or OBC community? - HELD THAT - Since the Tribunal which is the highest fact finding authority has given a categorical finding, which suffers from no perversity, this Court finds no reason to interfere. Accordingly, the present appeal, being bereft of merit, is dismissed.

Summary

Issues Involved:
Challenge to the ITAT order allowing exemption under Section 10(26B) of the Income Tax Act, 1961 to the Assessee.

Analysis:
The judgment concerns an appeal challenging the ITAT order dated 20th November, 2019, regarding the exemption under Section 10(26B) of the Income Tax Act, 1961 for AY 2017-18. The Appellant contended that the ITAT erred in allowing the exemption to the Assessee, arguing that it is specifically restricted to promoting the interests of SC, ST, OBC community members only. However, the Tribunal found that the Assessee, a Section 25 Company fully owned by the Government of India, uses its funds exclusively for the benefit of SC community members in Delhi. The Tribunal emphasized that the target group under Section 10(26B) could include members of SC, ST, OBC, or a mix of them, and the Assessee's activities aligned with the upliftment of Safai Karmacharis and Manual Scavengers belonging to these categories. The Tribunal also referenced a letter confirming the funds' exclusive use for the SC community in Delhi. The Court upheld the Tribunal's findings, noting that the decision was not perverse, and dismissed the appeal for lack of merit.

In conclusion, the Court upheld the ITAT's decision, emphasizing the Assessee's eligibility for the Section 10(26B) exemption based on its activities benefiting the SC community in Delhi. The judgment highlights the importance of aligning organizational activities with the specified target groups under relevant tax provisions and underscores the Tribunal's authority as the highest fact-finding body in tax matters.