2025 (1) TMI 1061 - AT - Income Tax

Rectification u/s 154 - applicability of provisions of section 10(23C) - Whether debatable issue is involved? - HELD THAT -From the facts on record and from the provision of section 10(23C) (iiiad) of the Act it can be said that the institution is an educational institution existing solely for educational purpose having income less than Rs. 5 crores. The appellant is a charitable trust providing education and awarding degrees to the students who are the participants of its courses and the degrees are duly recognised by the state government. There is no doubt that the trust having education as its main object. In the entire history of the trust since 1962 education is the only activity undertaken by it the fact of which is not been disputed by the revenue authorities. Hence the claim of exemption u/s 10(23C) is allowable and the revenue authorities are directed to nullify the demand notice issued. Appeal of the assessee is allowed.

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered in this judgment are:

Whether the appeal filed by the Assessee against the order passed under section 154 by the Centralized Processing Centre (CPC) is maintainable, given the nature of the issue as debatable.
Whether the Assessee is eligible for exemption under section 10(23C)(iiiad) of the Income Tax Act, 1961, for the income claimed as exempt.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Maintainability of the Appeal under Section 154

Relevant legal framework and precedents: Section 154 of the Income Tax Act allows for rectification of mistakes apparent from the record. Section 246A provides the right to appeal against certain orders.
Court's interpretation and reasoning: The Tribunal considered whether the issue at hand was debatable and thus beyond the scope of rectification under section 154. The CIT(A) dismissed the appeal on the grounds that the applicability of section 10(23C) was debatable.
Key evidence and findings: The Assessee argued that the appeal was filed correctly under section 246A, as the issue was not a fresh claim but a rectification of an error in processing.
Application of law to facts: The Tribunal examined the procedural aspects and the nature of the claim to determine the appropriateness of the appeal under section 154.
Treatment of competing arguments: The Assessee maintained that the appeal was valid under section 246A, while the CIT(A) viewed the issue as debatable, thus unsuitable for rectification.
Conclusions: The Tribunal found that the appeal was indeed maintainable, as the Assessee's claim was not a fresh issue but a rectification request.

Issue 2: Eligibility for Exemption under Section 10(23C)(iiiad)

Relevant legal framework and precedents: Section 10(23C)(iiiad) exempts income of educational institutions existing solely for educational purposes and not for profit, provided their annual receipts do not exceed five crore rupees.
Court's interpretation and reasoning: The Tribunal assessed whether the Assessee, a charitable trust engaged in educational activities, met the criteria for exemption under this section.
Key evidence and findings: The Assessee is a registered charitable trust under section 12AA, conducting educational activities in music since 1961, with government recognition for awarding degrees.
Application of law to facts: The Tribunal evaluated the Assessee's operations and financials, confirming that the income was below the threshold and the activities aligned with educational purposes.
Treatment of competing arguments: The Assessee argued for exemption based on its educational purpose and compliance with statutory requirements, while the revenue authorities questioned the applicability of the exemption.
Conclusions: The Tribunal concluded that the Assessee was eligible for the exemption under section 10(23C)(iiiad), directing the revenue authorities to nullify the demand notice.

3. SIGNIFICANT HOLDINGS

Preserve verbatim quotes of crucial legal reasoning: "The institution is an educational institution existing solely for educational purpose having income less than Rs. 5 crores."
Core principles established: The Tribunal reinforced the principle that educational institutions meeting the statutory criteria are entitled to exemptions, and procedural errors in processing should be rectifiable under the appropriate sections.
Final determinations on each issue: The appeal was deemed maintainable, and the Assessee was found eligible for the exemption claimed under section 10(23C)(iiiad).

The Tribunal's decision underscores the importance of adhering to procedural rights in tax appeals and affirms the entitlement of educational institutions to statutory exemptions when they fulfill the requisite conditions.

← Previous Next →