2022 (12) TMI 401 - HC - Income Tax

Exemption u/s 10(22) denied - objects of the Trust include commercial activity - appellant's Trust was registered with the primary object to impart education - AO did not allow exemption on the ground that that the assessee-Trust was not solely for the educational purposes, but the trust was making profits - as per AO Trust Deed provided for payment of Honorarium to the Trustees prohibited u/s 13(2), Trust collects abnormally high fees, for acquiring luxury vehicles, using the Trust funds for activities other than education and unexplained cash credit - HELD THAT - AO has not accepted the explanation on the ground that only upon the Department raising a query, the assessee had shifted the figures of Building and Development Fund to Income and Expenditure Account, as an after thought. The assessee was called upon to produce the details of the persons, who had contributed for Building and Development Fund. Assessee replied stating that the records were misplaced and an FIR dated 08.03.2001 was lodged. The Assessing Officer has also noticed that though the assessee had claimed that an FIR was lodged on 08.03.2001, revised Balance Sheet, Income and Expenditure Account were drawn subsequently and filed along with an Audit Certificate, which was not possible without the Books of Accounts. In such circumstances, the Assessing Officer has treated the sum as unexplained Cash credit under Section 68 of the IT Act. Thus, the Stand taken by the assessee that contributions were received only from the students has been rightly rejected by the Assessing Officer. Further, the cash balance of Rs.1.30 Crores at the peak with petty cash being drawn on daily basis fortifies the view taken by the Assessing Officer that money was being utilized for some other purpose. No exception can be taken to the view taken by the Assessing Officer and the ITAT. Decided against the assessee.

Summary

Issues:
1. Entitlement to exemption under Section 10(22) of the Income-tax Act for the relevant assessment years.

Analysis:
The appellant, a Trust registered for educational purposes, claimed exemption under Section 10(22) and Section 11 of the Income Tax Act for the assessment years 1995-96 to 1998-99. The Assessing Officer denied the exemption under Section 10(22) on the grounds that the Trust was not solely for educational purposes and was making profits. The appellant amended the Trust Deed to remove objects not related to education after obtaining a court order. However, the Assessing Officer raised concerns regarding the Trust's financial transactions, including the treatment of funds received and the inability to provide details of contributors to the Building Development Fund.

The Finance Act of 1998 deleted Section 10(22) with effect from April 1, 1999. The appellant also sought exemption under Section 12A and recognition under Section 10(23C)(vi) of the Act. The registration under Section 12A was initially denied but later allowed by the Court in a previous judgment. The current appeal pertains to the denial of exemption under Section 11 for the assessment years in question. The appellant challenged the Assessing Officer's orders, leading to a series of appeals and remands, culminating in the impugned order by the ITAT.

During the proceedings, the appellant argued that all non-educational objects were removed from the Trust Deed, emphasizing that the Trust primarily focused on education. The Revenue, however, contended that the Trust engaged in activities beyond education, such as collecting funds from various sources, maintaining significant cash balances, and spending on luxury items without adequate documentation. The Revenue highlighted discrepancies in the Trust's financial records and questioned the educational nature of certain expenses.

The Assessing Officer's decision to deny the exemption under Section 10(22) was based on multiple grounds, including commercial activities, honorarium payments to trustees, high fee collections, luxury acquisitions, non-educational fund utilization, and unexplained cash credits. The Assessing Officer found discrepancies in the Trust's financial filings and questioned the authenticity of explanations provided by the appellant regarding fund allocations and contributions. Ultimately, the Court upheld the Assessing Officer's decision, dismissing the appeal and ruling in favor of the Revenue.

In conclusion, the judgment addresses the appellant's eligibility for exemption under Section 10(22) of the Income Tax Act, emphasizing the requirement for trusts to primarily serve educational purposes to qualify for such benefits. The decision underscores the importance of maintaining accurate financial records and demonstrating compliance with statutory provisions to avail tax exemptions in the context of educational trusts.