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2023 (5) TMI 158 - AT - Income TaxMaharashtra State Board of Technical Education - state or Body Corporate - Whether be treated as State as immune from taxation as provided under Article 289(1) of the Constitution? - Revenue contended that the alleged receipts of payments are not related to imparting education and the same will not be covered under the objectives of the Board and the surplus amount of the Board was through commercial activity - as per revenue he assessee board will not come under the purview of state and was only a Body Corporate which will come under the purview of artificial juridical person - HELD THAT - The objectives of the assessee board are evident to categories it to be a state under Article 12 of the Constitution of India and also from the criteria laid down by the Hon'ble Supreme Court SOM PRAKASH REKHI VERSUS UNION OF INDIA 1980 (11) TMI 113 - SUPREME COURT no doubt assessee would fall within the term state when the assessee is controlled by either the Central or State Government completely then they become instrumentality of the Government. As there has been a consistent view on this, we find no justification to hold it otherwise when there are no changes in facts. We are inclined to hold the assessee within the meaning of state under Article 12 of the Constitution of India and, hence, will have the benefit of immunity from taxation of its income under the provision of Income Tax Act. We find no infirmity in the order of the ld. CIT(A) and, hence, the appeal filed by the Revenue is dismissed.
Issues Involved:
1. Consideration of the assessee, MSBTE, as State and immune from taxation under Article 289(1) of the Constitution. 2. Exemption granted to the assessee board under Section 10(46) for specific financial years. 3. Nature of the assessee board's activities and whether they qualify as imparting education or serving the general public interest. 4. Assessment of the board's revenue generation activities and whether they constitute commercial activity. 5. Classification of the assessee board as a "Body Corporate" and an Artificial Juridical Person under Section 2(31) of the Income Tax Act, 1961. Summary: 1. Consideration of the Assessee as State: The Tribunal held that the Maharashtra State Board of Technical Education (MSBTE) falls under the definition of "State" as per Article 12 of the Constitution of India. The Tribunal referenced the Hon'ble Bombay High Court's decision in the case of Maharashtra State Road Transport Corporation, which classified such entities as instrumentalities of the state. 2. Exemption under Section 10(46): The assessee board was granted exemption under Section 10(46) of the Income Tax Act for the financial years 2015-16 to 2018-19. The Tribunal noted that the exemption was prospective, but the assessee argued that it was under a bona fide belief that it was exempt from filing returns due to its status as a state instrumentality. 3. Nature of Activities: The Tribunal observed that the assessee board's activities, such as collecting fees for exams and interest on fixed deposits, were not in the nature of trade, commerce, or business. These activities were aligned with the board's statutory obligations to regulate diploma-level technical education, thus qualifying as serving the general public interest. 4. Revenue Generation and Commercial Activity: The Tribunal found that the revenue generated by the assessee board was used solely for its objectives as mandated by the Maharashtra State Board of Technical Education Act, 1997. The surplus revenue was not considered profit but was utilized for educational purposes, negating the claim of commercial activity. 5. Classification as Body Corporate: The Tribunal concluded that the assessee board, despite being a "Body Corporate" under the MSBTE Act, 1997, and an Artificial Juridical Person under Section 2(31) of the Income Tax Act, 1961, is still an instrumentality of the state. This classification supports the board's immunity from taxation. Conclusion: The Tribunal upheld the order of the CIT(A), confirming that the assessee board is immune from taxation under the provisions of the Income Tax Act due to its status as a state instrumentality. The appeal filed by the Revenue was dismissed.
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