2016 (5) TMI 629 - AT - Income Tax

Disallowance of claim of exemption under section 11 - Held that - Assessee s claim that it is imparting education or engaged in educational activity requires examination by verifying the entire documentary evidences brought on record. As the Departmental Authorities have not verified or applied their mind to the documentary evidences which according to the assessee demonstrate that it is involved in educational activities, we are inclined to restore the matter back to the file of the Assessing Officer for deciding afresh. The Assessing Officer must consider the submissions of the assessee and the ratio laid down in the decision relied upon by the assessee while deciding the issue whether or not the assessee is engaged in imparting education. In case the Assessing Officer comes to the conclusion, albeit with proper reasoning, that the assessee is not involved in educational activity but is engaged in advancement of any other object of general public utility, then he must establish on record that the dominant object of the assessee is to earn profit by engaging itself in business or commercial activity and it is not a charitable institution. - Decided in favour of assessee for statistical purposes.

Summary

Issues:
1. Disallowance of claim of exemption under section 11 of the Income Tax Act, 1961.

Analysis:
The appellant, a trust engaged in educational activities, filed an appeal against the order disallowing its claim of exemption under section 11 of the Income Tax Act for the assessment year 2010-11. The Assessing Officer contended that the trust's activities were commercial in nature and not educational, citing the proviso to section 2(15) of the Act. The Assessing Officer concluded that the trust's income from seminars, professional development programs, and consultancy services constituted business income. The Commissioner (Appeals) upheld the Assessing Officer's decision, prompting the appellant to challenge it.

During the appeal hearing, the appellant argued that it was primarily involved in educational activities, as evidenced by its registration under section 12A of the Act and historical acceptance of exemption claims. The appellant emphasized its consistent educational focus and provided documentary evidence to support its position. The Departmental Representative, however, maintained that the trust's commercial activities rendered it ineligible for exemption under section 11.

The Tribunal reviewed the case, noting that the trust had existed since 1997 with charitable objectives and had consistently claimed exemptions under section 11. It observed that the Assessing Officer and the Commissioner (Appeals) failed to establish any change in the trust's objectives or activities for the assessment year in question. The Tribunal emphasized that the proviso to section 2(15) should not automatically disqualify a trust from exemption unless its dominant purpose was profit-making. It highlighted the need for the Department to prove that the trust's primary objective was not charitable.

The Tribunal found that the trust's educational activities warranted further examination, as the documentary evidence presented had not been adequately considered by the authorities. As a result, the Tribunal set aside the Commissioner (Appeals)'s order and remanded the matter to the Assessing Officer for a fresh decision. The Assessing Officer was directed to thoroughly assess the trust's educational engagement and provide a reasoned decision based on all relevant evidence and legal principles.

Ultimately, the Tribunal allowed the appeal for statistical purposes, emphasizing the importance of a comprehensive review of the trust's activities to determine its eligibility for exemption under section 11 of the Act.