2023 (1) TMI 850 - AT - Income Tax

Exemption u/s.10(23)(vi) - assessee is an education trust and made an application in Form 56D on 26.09.2018 seeking approval u/s 10(23C)(vi) - HELD THAT - From the documents and evidences, it is vivid that Profit and loss account of the assessee-trust contains the activity, stating fee received from students, bus transportation fee and books fees etc. received from students, whereas in the expenses side, we note that there are transportation expenses, educational expenses, expenses to purchase the books, salary payment to teachers and staffs. Therefore, from the above Profit and loss account of the assessee trust it is clearly established that assessee trust is engaged in the educational activities and there is nominal profit which are earned by the assessee while conducting these charitable activities. The assessee-trust does not have profit motive, the small profit generated while carrying out charitable activities, does not mean that assessee is engaged in the commercial activities. Such small profit so earned is again utilised for charitable activities by the assessee-trust. From these documents and activities, it is clearly established that assessee -trust is engaged solely in the educational activities. Therefore, we are of the view that assessee-trust deserves certificate, under section 10(23C) (vii) - Hence, we direct the Ld CIT(Exemption) to grant registration/certificate, to the assessee-trust under section 10(23C) (vii) - Appeal of the assessee is allowed.

Summary

Issues Involved:
1. Denial of exemption under section 10(23C)(vi) of the Income Tax Act, 1961.
2. Examination of the objects and activities of the assessee trust to determine eligibility for exemption.
3. Compliance with procedural requirements for exemption application.

Issue-wise Detailed Analysis:

1. Denial of Exemption under Section 10(23C)(vi):
The primary issue was whether the assessee trust was eligible for exemption under section 10(23C)(vi) of the Income Tax Act, 1961. The assessee, an educational trust, applied for approval under this section but was denied by the Commissioner of Income Tax (Exemption) [CIT(E)], Ahmedabad.

2. Examination of Objects and Activities:
The CIT(E) scrutinized the trust's objects and activities to ascertain if they were solely for educational purposes and not for profit. The CIT(E) raised concerns based on the trust deed, which included multiple objects beyond education, such as social, economic, cultural, and sports activities. The CIT(E) argued that these ancillary objects indicated that the trust did not exist solely for educational purposes.

In response, the assessee contended that the additional activities were ancillary and necessary for the overall development of students, thus supporting the primary educational objective. The assessee cited judgments from higher courts, including the Supreme Court and ITAT, to substantiate that ancillary activities promoting education do not disqualify a trust from exemption.

3. Compliance with Procedural Requirements:
The CIT(E) requested various documents and details from the assessee, including evidence of charitable activities, property details, investment details, benefits given to interested persons, and TDS details. The assessee failed to provide all requested documents initially but later submitted some information. The CIT(E) remained unconvinced and maintained that the trust did not solely exist for educational purposes.

Tribunal's Findings:
The Tribunal examined the trust deed and found that the primary objective of the trust was to provide education, with ancillary activities supporting this goal. The Tribunal noted that the trust's profit and loss account reflected educational activities, with nominal profits reinvested into charitable activities, indicating no profit motive.

The Tribunal also reviewed approvals from educational boards and compliance with educational regulations, further affirming the trust's educational focus. Based on these findings, the Tribunal concluded that the trust was solely engaged in educational activities and deserved exemption under section 10(23C)(vi).

Conclusion:
The Tribunal directed the CIT(E) to grant the exemption under section 10(23C)(vi) to the assessee trust, overturning the earlier denial. The appeal of the assessee was allowed, recognizing the trust's primary educational purpose and compliance with relevant provisions.

Order Pronouncement:
The order was pronounced on 11/01/2023 by placing the result on the Notice Board.