2018 (9) TMI 1013 - AT - Income Tax

Approval u/s 10(23C)(VI) denied - proof of charitable activities - Held that - We are of the considered view that the reasoning given by the ld. CIT(E) for rejection of the application u/s 10(23C)(vi)cannot be held as logical reasoning and therefore, considering the case of the appellant independently, the nature of its activities, 91.74 % of the gross receipts have been applied for educational purposes and fees are being charged according to the parameters of the Punjab University, therefore, we feel it appropriate to remand the case to the file of the ld. CIT(E) to decide afresh application of the Assessee/ Appellant filed u/s 10(23C)(vi) while taking into consideration, the observations and analyzations made above in this order, however, within three months from the date of this order, by affording reasonable opportunities of being heard to the appellant.

Summary

Issues Involved:
1. Validity of the order due to lack of fresh notice issuance after change of incumbent.
2. Justification for rejecting the approval of exemption under Section 10(23C)(vi) of the Income Tax Act, 1961.
3. Utilization of funds for construction on land owned by a third party.
4. Alleged benefit to persons covered under Section 13(3) of the Income Tax Act.
5. Charging of fees under multiple heads and its impact on the "not for profit" condition.
6. Prior rejection of similar application and its relevance to the current application.
7. Registration status of the institution as a society.
8. Ownership and safety of investment in the building.

Issue-wise Detailed Analysis:

1. Validity of the Order Due to Lack of Fresh Notice Issuance:
The appellant argued that the order was invalid as no fresh notice was issued after the change of incumbent. The Tribunal noted that the appellant was not given sufficient time to respond to the notice dated 29.09.2015 for a hearing on 30.09.2015, which violated the principle of audi alteram partem. The Tribunal emphasized that the right to be heard is fundamental and the lack of sufficient opportunity rendered the order invalid. Consequently, the case was remanded back to the CIT(E) for fresh adjudication.

2. Justification for Rejecting the Approval of Exemption under Section 10(23C)(vi):
The appellant's application for exemption was rejected on grounds that no agreement was signed with the landowner, Sant Baba Hazura Singh, regarding the building's fate if the land was reclaimed. The Tribunal found the appellant's undertaking by Sant Baba Hazura Singh to be a proper reply but directed the CIT(E) to obtain relevant documents like an affidavit or relinquishment deed to ensure the investment's safety. The Tribunal also found the reasoning that funds were used for personal benefit under Section 13(3) to be unsubstantiated, as the funds were part of an inter-se arrangement between the society and the Dera.

3. Utilization of Funds for Construction on Land Owned by a Third Party:
The Tribunal observed that the funds used for construction on land owned by Sant Baba Hazura Singh did not violate the provisions of Section 10(23C) as long as the land was given voluntarily and would not be reclaimed. The Tribunal directed the CIT(E) to verify the undertaking and other relevant documents to ensure compliance.

4. Alleged Benefit to Persons Covered under Section 13(3) of the Income Tax Act:
The Tribunal found the argument that funds were used for personal benefit under Section 13(3) to be illogical. It was clarified that the funds were part of an inter-se arrangement and were used for the institution's benefit, not for personal gain. The Tribunal directed the CIT(E) to reconsider this aspect with proper verification.

5. Charging of Fees under Multiple Heads and Its Impact on the "Not for Profit" Condition:
The rejection of the application was partly based on the appellant charging fees under multiple heads, suggesting a profit motive. The Tribunal found this reasoning unconvincing as the fees were charged according to Punjab University guidelines, and 91.74% of the gross receipts were applied for educational purposes. The Tribunal directed the CIT(E) to reassess this aspect, considering the educational purpose of the institution.

6. Prior Rejection of Similar Application and Its Relevance to the Current Application:
The Tribunal agreed with the appellant that each application for exemption should be independently adjudicated based on its facts and merits. The previous rejection should not influence the current application. The Tribunal directed the CIT(E) to consider the current application independently.

7. Registration Status of the Institution as a Society:
The Tribunal found the explanation that the educational institution was covered under the registered society, St. Baba Bhag Singh Memorial Education Society, to be logical. The society's aims and objects included running educational institutions, and the lack of specific mention of the institution's name in the society's registration was not a valid ground for rejection. The Tribunal directed the CIT(E) to reassess this aspect.

8. Ownership and Safety of Investment in the Building:
The Tribunal directed the CIT(E) to verify the ownership and safety of the investment in the building through relevant documents like an affidavit or relinquishment deed. The Tribunal emphasized ensuring that the investment was secure and aligned with the institution's educational purposes.

Conclusion:
The Tribunal remanded all three appeals back to the CIT(E) for fresh adjudication, considering the observations and directions provided in the order. The CIT(E) was directed to decide the applications within three months, providing reasonable opportunities for the appellant to be heard. All appeals were allowed for statistical purposes.