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2021 (8) TMI 762 - AT - Income TaxExemption u/s 11 - registration u/s 12AA denied - A.R. contended that all the details required by the learned CIT, has been furnished before him but same was not taken on record - HELD THAT - We deem it fit case to be remand back to the ld. CIT(E) who is empowered under the Act to examine the documents (already on record) mentioned hereinabove and other new facts brought before us with supporting documents in order to justify that whether the assessee was involved in its own capacity of doing the charitable activity - To arrive at his satisfaction, the CIT(E) would be examining the activities of the appellant Trust afresh and see that the assessee was involved in carried out of any charitable activities. CIT(E) shall grant a reasonable opportunity of being heard to the assessee and an opportunity to file any other documents which are necessary in support of its claim. We note that the observation made herein above said paragraph shall not be treated as an expression on the merits of the case or facts. The ld. CIT(E) shall decide the matter afresh that without being influence of the observation made by us while remanding the matter back to his file/desk. Assessee appeal is treated allowed for statistical purposes.
Issues Involved:
1. Rejection of application for registration under section 12AA of the Income Tax Act, 1961. 2. Incorrect mention of exemptions claimed under section 10(23C)(iiiad). 3. Wrong inference regarding amendment applicability of substantial grants. 4. Misinterpretation of the decision from the Islamic Academy of Education case. 5. Incorrect calculation of net surplus for financial years 2014-15, 2015-16, and 2016-17. 6. Incorrect calculation of consolidated net surplus for financial years 2014-15, 2015-16, and 2016-17. 7. Incorrect inference that the application under section 12(A) cannot be filed. 8. Failure to consider investments in fixed assets by the trust. Detailed Analysis: 1. Rejection of Application for Registration under Section 12AA: The assessee trust's appeal was against the rejection of its application for registration under section 12AA by the CIT(E), Chandigarh. The CIT(E) argued that the trust's activities were not charitable but commercial, with profit motives, and cited net surpluses of 43.9%, 69.3%, and 73.7% for financial years 2014-15, 2015-16, and 2016-17 respectively. The CIT(E) also noted that the trust had been claiming exemptions without the necessary approvals or registration under sections 10(23C)(vi) or 12AA. 2. Incorrect Mention of Exemptions Claimed under Section 10(23C)(iiiad): The CIT(E) mentioned that the trust had claimed exemptions under section 10(23C)(iiiad), which the trust disputed, stating that it had not claimed such exemptions for the financial years 2013-14 to 2016-17. 3. Wrong Inference Regarding Amendment Applicability of Substantial Grants: The CIT(E) inferred that the amendment regarding substantial grants was applicable retrospectively, which the trust contested, arguing that the amendment was effective from 12.12.2014 and should not apply to preceding years. 4. Misinterpretation of the Decision from the Islamic Academy of Education Case: The CIT(E) drew inferences from the Supreme Court decision in the Islamic Academy of Education case, which the trust argued was distinguishable from its own case. 5. Incorrect Calculation of Net Surplus for Financial Years 2014-15, 2015-16, and 2016-17: The CIT(E) stated that the net surplus of the school run by the trust was 20%, 27.5%, and 27.7% for the financial years 2014-15, 2015-16, and 2016-17 respectively. The trust contested these figures, stating the actual net surplus was 13.53%, 6.67%, and 15.79% respectively. 6. Incorrect Calculation of Consolidated Net Surplus for Financial Years 2014-15, 2015-16, and 2016-17: The CIT(E) mentioned consolidated net surpluses of 43.9%, 69.3%, and 73.7% for the financial years 2014-15, 2015-16, and 2016-17 respectively. The trust argued that the actual surpluses were -8.33%, -1.08%, and -0.27% respectively. 7. Incorrect Inference that the Application under Section 12(A) Cannot Be Filed: The CIT(E) inferred that the application under section 12(A) could not be filed by the applicant, which the trust disputed, stating that there was no bar on availing benefits under both sections 12AA and 10(23C). 8. Failure to Consider Investments in Fixed Assets by the Trust: The CIT(E) did not consider the investments made in fixed assets by the trust, which amounted to ?2,569,004, ?3,066,891, and ?3,348,027 for financial years 2014-15, 2015-16, and 2016-17 respectively. The trust argued that the net surplus after investment/sale of fixed assets was negative for these years. Conclusion: The tribunal found that the CIT(E) had not substantiated the claims with cogent documentary evidence and had made factual errors in assessing the trust's financial statements and activities. The tribunal remanded the case back to the CIT(E) for fresh consideration, directing the CIT(E) to examine the documents and new facts brought before the tribunal, and to verify the charitable nature of the trust's objectives. The tribunal emphasized that the CIT(E) should grant a reasonable opportunity for the trust to be heard and to file additional documents in support of its claim. The appeal was allowed for statistical purposes, and the case was restored to the CIT(E) for fresh consideration and examination.
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