2022 (3) TMI 1284 - AT - Income Tax

Exemption u/s 11 - Charitable activity u/s 2(15) - assessee was giving on rent Kalyana Mandapa for fees - whether trust was mainly for charitable purposes for providing facilities and amenities for the education of the poor, medical facilities etc? - as per revenue assessee was not maintaining any separate books of accounts for the business of running of kalyana mandapa, and therefore, even if the business is incidental to the attainment of the object of the Trust, the benefit u/s 11 of the Act cannot be granted - HELD THAT - In the instant case, the assessee is primarily carrying on the activity of letting out of kalyana mandapa, which is nothing but objects of general public utility and the letting out is being done on a commercial basis by charging exorbitant amount. The amended proviso to section 2(15) of the I.T.Act has application to the facts of the instant case. Section 13(8) of the Act, inserted with effect from 01.04.2009 states that Nothing contained in section 11 or section 12 shall operate so as to exclude any income from the total income of the previous year of the person in receipt thereof if the provisions of the first proviso to clause (15) of section 2 become applicable in the case of such person in the said previous year. Assessee has not been maintaining books of account separately for the business of letting out of kalyana mandapa. Therefore, even assuming the business is incidental to the attainment of the objects of the trust in absence of separate books of account, the benefit of section 11 of the I.T.Act cannot be granted. - Decided against assessee.

Issues:
1. Denial of benefit under Section 11 of the Income Tax Act to the Appellant.
2. Utilization of income generated from running of Kalyana Mandapa for charitable purposes.
3. Assessment of rental income and other receipts under specific heads.
4. Maintenance of separate books of accounts for business activities.
5. Application of amended proviso to Section 2(15) of the Income Tax Act.
6. Compliance with Section 13(8) of the Act.

Analysis:

1. The appeal was against the denial of benefit under Section 11 of the Income Tax Act to the Appellant by the CIT(A). The Assessing Officer (AO) concluded that the Appellant was not entitled to exemption under Section 11 as the activities fell under "any other object of general public utility" under the proviso to Section 2(15) of the Act. The AO relied on a judgment from the jurisdictional High Court. The CIT(A) upheld the denial based on the Trust deed's lack of clarity on utilizing income from the Kalyana Mandapa for charitable purposes.

2. The Appellant argued that the surplus from the Kalyana Mandapa was used for charitable purposes as per the Trust's objects. However, the financial statements did not support this claim. The Tribunal found that there was no evidence of expenditure for charitable purposes, and the primary activity of the Appellant was commercial in nature. The amended proviso to Section 2(15) applied, and the Appellant failed to demonstrate utilization of income for charitable activities.

3. The Tribunal confirmed the CIT(A)'s direction to assess rental income under "income from house property" and other receipts as "income from other sources." The Appellant's failure to present arguments during the hearing led to the confirmation of this decision.

4. The Appellant's lack of separate books of accounts for the business of the Kalyana Mandapa impacted the grant of benefits under Section 11 of the Act. Without maintaining separate accounts, even if the business was incidental to the Trust's objectives, the Appellant could not claim the benefits under Section 11.

5. The Tribunal highlighted the application of the amended proviso to Section 2(15) and Section 13(8) of the Act. The failure to meet the criteria set out in these sections further supported the denial of exemption under Section 11 to the Appellant.

6. Ultimately, the Tribunal dismissed the appeal filed by the Appellant, emphasizing the commercial nature of the primary activity and the lack of evidence supporting the utilization of income for charitable purposes. The decision was based on the legal provisions and the Appellant's failure to meet the necessary criteria for exemption under Section 11 of the Income Tax Act.

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