9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (12) TMI 1278 - AT - Income TaxExemption under section 10(23C)(iiiad) - CIT(A) allowed the claim - Held that - From the perusal of the said proviso, we see that the provisions of this proviso are applicable only to clauses (iv), (v) (vi) and (via) of section 10(23) of the Act. Since the assessee is claiming exemption under section 10(23C)(iiiad) of the Act, there is no need to file Audit Report in Form No.10BB. In view of the above, the assessee has complied with all the conditions of section 10(23C)(iiiad) of the Act. We do not find any infirmity in the order of the learned CIT (Appeals) and confirm the same. - Decided in favour of assessee. Anonymous donations to be taxed under section 115BBC(1) - Held that - We find that Assessing Officer had called for the details of donations received by the assessee, which the assessee failed to give. However, since the Assessing Officer denied the benefit of exemption under section 10(23C)(iiiad) of the Act to the assessee, he did not make any further addition under section 115BBC of the Act. The assessee has raised this issue before the learned CIT (Appeals) by taking a specific ground. However, from the perusal of the order of the learned CIT (Appeals), we see that the learned CIT (Appeals) has not adjudicated the said issue. In view of this, we restore this issue to the file of the learned CIT (Appeals) to adjudicate the same as per law.
Issues Involved:
1. Eligibility for exemption under section 10(23C)(iiiad) of the Income Tax Act. 2. Requirement of filing Audit Report in Form No. 10BB for claiming exemption. 3. Taxation of anonymous donations under section 115BBC of the Income Tax Act. Issue-wise Detailed Analysis: 1. Eligibility for Exemption under Section 10(23C)(iiiad) of the Income Tax Act: The primary issue was whether the assessee trust, which had receipts below Rs. 1 crore, was eligible for exemption under section 10(23C)(iiiad). The Assessing Officer (AO) denied the exemption, arguing that the trust's objectives were not solely for educational purposes, as the trust deed included other objects. However, the Commissioner of Income Tax (Appeals) [CIT(A)] allowed the exemption, noting that the trust was carrying out only educational activities during the relevant years. The Tribunal upheld the CIT(A)'s decision, emphasizing that the exemption pertains to the educational activities of the assessee and that the trust's other objects did not affect the exemption as long as only educational activities were conducted during the year. The Tribunal referenced multiple judgments supporting this view, including Birla Vidhya Vihar Trust vs. CIT and CIT vs. St. Xavier's. 2. Requirement of Filing Audit Report in Form No. 10BB: The AO contended that the assessee failed to file the required Audit Report in Form No. 10BB, as stipulated under the tenth proviso to sub-section (23C) of section 10. However, the Tribunal clarified that this requirement applies only to institutions covered by clauses (iv), (v), (vi), and (via) of section 10(23C), not to those under clause (iiiad). Consequently, the assessee was not required to file the Audit Report in Form No. 10BB for claiming exemption under section 10(23C)(iiiad). 3. Taxation of Anonymous Donations under Section 115BBC: The AO had sought details of donations exceeding Rs. 5000, which the assessee failed to provide. Consequently, the AO held that anonymous donations should be included in the total income under section 115BBC. However, since the AO denied the exemption under section 10(23C)(iiiad), no further addition under section 115BBC was made. The CIT(A) did not adjudicate this issue, leading the Tribunal to remand the matter back to the CIT(A) for proper adjudication as per law. Conclusion: The Tribunal upheld the CIT(A)'s decision to grant exemption under section 10(23C)(iiiad) for the assessment years in question, confirming that the assessee trust was engaged solely in educational activities during those years. The requirement to file an Audit Report in Form No. 10BB was deemed inapplicable to the assessee. The issue regarding anonymous donations was remanded to the CIT(A) for further adjudication. The appeal was partly allowed for statistical purposes in ITA No. 318/Chd/2013 and dismissed in ITA No. 380/Chd/2014.
|
