2023 (3) TMI 410 - AT - Income Tax

Assessment of trust - purchase of luxury car i.e. Audi Car - purchase of care for the benefit of trustess only or not for charitable use - Whether applying of Section 13(3) is also quite arbitrary and unjustified as none of the employee are in relation of the Trustee, Members or board of the society whose used the car? - whether said car is purely used for education and charitable purposes - HELD THAT - Assessee society was maintaining an Audi car of lower model but replaced it with higher model. Both the cars are luxury cars. CIT(A) has categorically noted the factum of sale of old Audi car in his impugned order. However, the AO disallowed the expenses treating the same as not for charitable purposes. The expenditure would be allowable if it relates to running of school. The AO has not brought any material to rebut the claim of the assessee that the vehicle was being used for principal and staff of school. Merely because the vehicle happens to be luxury car should not be reason to make disallowance when in earlier years, claim of assessee was accepted - direct the AO to delete the disallowance. The grounds raised in this appeal are allowed.

Summary

Issues involved: Appeal against order of Ld. CIT(A) for assessment year 2016-17 regarding disallowance of expenses related to the purchase of Audi car for educational purposes.

Issue 1: Challenge to the order passed by Ld. CIT(A) under section 250(6) as being contrary to facts and submissions on record.

The appellant raised grounds questioning the validity of the order passed by Ld. CIT(A) under section 250(6), alleging it to be legally flawed and not aligned with the facts and submissions presented.

Issue 2: Disallowance of expenses related to the use of Audi car and application of Section 13(3) for alleged personal use by trustees.

The appellant contested the disallowance of expenses associated with the use of an Audi car, arguing that the car was utilized solely for educational and charitable purposes, and refuting any personal use by trustees. The appellant further challenged the application of Section 13(3) as arbitrary and unjustified.

Issue 3: Dispute over the maintenance of a log book and its necessity for vehicles used for educational purposes.

The appellant disputed the contention that a log book was not maintained for the vehicle, emphasizing that it was not required as the car was not used for hire purposes. The appellant provided evidence of resolutions for purchase and use, highlighting the educational nature of the vehicle's utilization.

Issue 4: Addition of a specific amount as taxable under section 164(2) despite consideration of vehicle maintenance and replacement.

The appellant objected to the addition of a specified amount as taxable under section 164(2), arguing that the expenses related to vehicle maintenance and fuel had been duly accounted for by the Assessing Officer (AO). The appellant also pointed out the replacement of the Audi car, emphasizing that the expenses were legitimate and should not have been treated as taxable.

Judgment Summary:

The appellant's appeal against the order of Ld. CIT(A) for the assessment year 2016-17 involved multiple issues related to the disallowance of expenses associated with the purchase and use of an Audi car for educational purposes. Despite the absence of the appellant during the proceedings, the Tribunal considered the submissions and evidence on record.

The Tribunal reviewed the contentions raised by the appellant and the arguments presented by the Senior DR, upholding the orders of the authorities below. The Senior DR emphasized that the funds were applied towards a luxury car for the benefit of trustees, a claim supported by the findings of the lower authorities.

Upon examination of the material available on record and the submissions made by the appellant, the Tribunal acknowledged the replacement of the old car with a higher model Audi car for educational purposes. The Tribunal found that the expenditure should be allowable if related to the school's operations, directing the AO to delete the disallowance made.

In conclusion, the Tribunal partially allowed the appeal of the appellant, emphasizing the legitimate use of funds for educational purposes and directing the deletion of the disallowance. The order was pronounced in open court on 9th March 2023.