2017 (1) TMI 180 - HC - Income Tax

Interest income not exempt u/s 11 and 12 and was taxable under the head Income from other sources - Held that - There is nothing brought on the record by either of the authorities below that the said funds the fees or the interest income have been used for other purpose other than the objects of the assessee society. The assessee enjoys the exemption u/s 11 of the Act having registration u/s 12A(a) of the Act as mentioned in our various orders hereinbefore and also the exemption u/s 10(23C)(iv) of the Act and there is nothing on record that the assessee has diverted the income to the specified persons u/s 13 of the Act and therefore no addition can be made on these accounts and the order of the ld. CIT(A) confirming the action of the AO is reversed. - Decided in favour of assessee

Summary

Issues:
Challenging Tribunal's judgment on dismissal of revenue's appeals and allowance of assessee's appeals regarding exemption under Section 10(22) and initiation of proceedings under Section 147/148.

Analysis:
The appellant challenged the Tribunal's decision where the revenue's appeals were dismissed, and the assessee's appeals were allowed. The case involved a registered society operating a school and claiming exemption under Section 10(22) of the Income Tax Act. The Assessing Officer (AO) issued a notice under Section 148, alleging the assessee did not obtain approval for tax exemption under Section 10(23C)(iv)/10(22). The ld. CIT(A) found the notice to be baseless and lacking proper application of law, deeming the proceedings ultra vires and void. The AO's uncertainty between Section 10(23C)(iv) and Section 10(22) and the absence of required approval rendered the initiation of proceedings under Section 147 without merit.

The Court framed substantial questions of law, questioning the Tribunal's decision on the validity of proceedings under Section 147/148, the activities of the assessee society for tax exemption, and the applicability of tax exemption provisions. The counsel for the appellants argued an error in interpreting Section 10(22) applicable from 1991 to 1999. However, the Tribunal's findings supported the assessee's position, emphasizing that the funds and fees in question were used for the society's specified objectives, justifying tax exemption under Section 11 and 12 of the Act. The Tribunal reversed the ld. CIT(A)'s decision, confirming the assessee's entitlement to exemptions under Section 11, 12A(a), and 10(23C)(iv), with no evidence of income diversion to disqualify the exemptions.

In agreement with the Tribunal's findings, the Court upheld the decision in favor of the assessee, dismissing the appeals raised by the revenue department. The judgment confirmed the validity of the exemptions claimed by the assessee under the relevant provisions of the Income Tax Act, rejecting the revenue's challenge against the Tribunal's ruling.

This comprehensive analysis highlights the legal intricacies surrounding the assessment of tax exemptions, the validity of proceedings under Section 147/148, and the interpretation of relevant provisions under the Income Tax Act, culminating in the dismissal of the revenue's appeals and the affirmation of the assessee's entitlement to exemptions.