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2014 (7) TMI 990 - AT - Income TaxExemption u/s 11 - Accumulation of income - Amount added being less that 15% of total income Specified funds u/s 35AC - Held that - the copies of the past assessment orders reveal that the assessee has been treated as a public charitable trust in the earlier years there was no basis for arriving at a conclusion that the assessee is engaged in the business of setting up and running of vocational training so as to presume that the assessee as a business entity in the year - Following the decision in ASSTT DIRECTOR OF INCOME TAX Versus STERLITE FOUNDATION (FORMERLY KNOWN AS VEDANTA FOUNDATION) 2013 (12) TMI 1056 - ITAT MUMBAI - the assessee has not diverted any specified funds of 35AC projects towards non specified projects whereas the aseesee has spent corpus donation for 35AC projects and the same cannot be the basis for denying the benefits of exemption as the latter is not prohibited by the provisions of the Act Decided in favour of Assessee. Donation made to another charitable trust Held that - According to the CBDT circular No.1132 dated 5.1.1978, the payment of a sum by one charitable trust to another for utilisation by the donee trust towards its charitable objects is proper application of income for charitable purposes in the hands of the done trust and the donor trust will not lose exemption u/s 11 of the Act - Following the decision in ASSTT DIRECTOR OF INCOME TAX Versus STERLITE FOUNDATION (FORMERLY KNOWN AS VEDANTA FOUNDATION) 2013 (12) TMI 1056 - ITAT MUMBAI - the charitable trust will not lose its exemption u/s 11, if it passes some money to another charitable trust, for utilisation by the donee trust towards its charitable purposes thus, the order of the CIT(A) is set aside Decided in favour of Assessee.
Issues Involved:
1. Addition of Rs. 59,16,386. 2. Denial of exemption under Section 11. 3. Corpus donation of Rs. 22.25 crores. 4. Disallowance of Rs. 22,78,212 on account of donation. 5. Addition of Rs. 80,34,375 being capital in nature. 6. Enhancement of income by Rs. 4,23,18,594. Issue-wise Detailed Analysis: 1. Addition of Rs. 59,16,386: - The assessee contended that the learned CIT(A) erred in confirming the addition of Rs. 59,16,386, arguing that the amount was less than 15% of the total income and thus eligible to be accumulated and carried forward. However, specific details on this issue were not elaborated in the judgment, leading to the dismissal of this ground by the Tribunal. 2. Denial of Exemption under Section 11: - The assessee challenged the denial of exemption under Section 11, arguing that the learned CIT(A) wrongly denied the benefit based on the incorrect premise that income from non-35AC funds was spent on 35AC projects. The Tribunal referred to its previous decision in the assessee's own case for the assessment year 2008-09, where it was held that the assessee had not diverted specified funds of 35AC projects towards non-specified projects. The Tribunal found no justifiable reason to interfere with the decision and allowed the grounds in favor of the assessee. 3. Corpus Donation of Rs. 22.25 Crores: - The assessee argued that the corpus donation received was exempt under Section 11(1)(d) of the Act. The CIT(A) had concluded that the receipts under Section 35AC were not in the nature of corpus donations and did not comply with the provisions of Sections 11, 12, and 13 of the Act. However, the Tribunal, referring to its previous decision, found that the assessee had spent corpus donations for 35AC projects, which was not prohibited by the Act, and allowed the ground in favor of the assessee. 4. Disallowance of Rs. 22,78,212 on Account of Donation: - The assessee contended that the Act allows the amount incurred by a trust, whether capital or revenue in nature, as an application of fund. The Tribunal, referring to its previous decision and CBDT circular No.1132, held that the payment by one charitable trust to another for utilization towards charitable objects is a proper application of income. The Tribunal found no infirmity in the decision of the CIT(A) and allowed the ground in favor of the assessee. 5. Addition of Rs. 80,34,375 Being Capital in Nature: - The assessee challenged the addition of Rs. 80,34,375 as capital expenditure. The Tribunal noted that in the assessment year 2008-09, the CIT(A) had deleted a similar addition, holding that construction of school/college buildings is allowable as an application of income towards the object of the trust. The Tribunal found no reason to deviate from the earlier findings and deleted the addition, allowing the ground in favor of the assessee. 6. Enhancement of Income by Rs. 4,23,18,594: - The CIT(A) had enhanced the income of the assessee by Rs. 4,23,18,594, concluding that the receipts under Section 35AC were not corpus donations and did not comply with the provisions of Sections 11, 12, and 13 of the Act. The Tribunal, however, held that capital expenditure is eligible for being treated as an application of income for the purpose of Section 11, and thus, the enhancement on this account was deleted, making the grievance raised by the assessee otiose. Conclusion: - The Tribunal allowed the appeal of the assessee, setting aside the impugned order passed by the learned Commissioner (Appeals) and deleting the additions and disallowances made by the Assessing Officer. The Tribunal's decision was consistent with its previous rulings in the assessee's own case for the assessment year 2008-09.
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