2025 (1) TMI 441 - AT - Income Tax

Exemption u/s. 11 - books of accounts of the earlier two A.Ys.2005-06 2006-07, were not audited and the opening balances for the impugned A.Y. has been taken are incomplete and hence the application of funds for the purpose of objectives of the trust is not acceptable - CIT(A) allowed exemption - HELD THAT - Assessee has furnished the entire details of the hostel building rent along ledger extracts the CIT(A), which has been referred to the AO for remand report and the AO has not given adverse remarks to ld.CIT(A) and hence ground of the revenue is devoid of merits. In the present facts and circumstances of the case, we are of the considered opinion that there is no need to interfere in the orders of the ld.CIT(A). CIT(A) has allowed the exemption u/s. 11 of the Act to the assessee, after perusal of the documents in relation to books of accounts, audit report, filing of return and assessment by the department, which were furnished by the assessee with reference to the earlier A.Ys.2005-06 2006-07. Since, there is no change in the activities of the trust and the assessee is continued to enjoy the exemption u/s. 11 of the Act for the earlier A.Ys. 2005- 06 2006-07, we do not find any fault in the decision of allowing exemption u/s. 11 of the act to the assessee by the ld.CIT(A) for the impugned A.Y. 2007-08 and hence we dismiss the grounds of the appeal raised by the revenue.

1. ISSUES PRESENTED and CONSIDERED

The core legal issues presented and considered in this judgment are:

Whether the Commissioner of Income Tax (Appeals) [CIT(A)] was correct in allowing the exemption claimed by the assessee under Sections 11 and 12 of the Income Tax Act, despite the denial of such exemption on multiple grounds by the Assessing Officer (AO).
Whether the CIT(A) erred in deciding the appeal based solely on the absence of accounts for a past period, ignoring other grounds such as the late filing of the audit report in Form 10B and the incompleteness of accounts.
Whether the accounts of the Balamurugan Hostel/Mess should have been included in the audit, and whether their exclusion affects the exemption under Section 11.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Exemption under Sections 11 and 12 of the Income Tax Act

Relevant Legal Framework and Precedents: Sections 11 and 12 of the Income Tax Act provide exemptions for income derived from property held under trust for charitable or religious purposes. Section 12A(b) mandates the filing of an audit report for claiming such exemptions.
Court's Interpretation and Reasoning: The court examined whether the conditions for exemption were met, particularly focusing on whether the trust's accounts were properly audited and filed within the stipulated time.
Key Evidence and Findings: The CIT(A) noted that the exemption for the previous years (AY 2005-06 and AY 2006-07) was allowed after remand proceedings, indicating compliance with Section 11 requirements for those years.
Application of Law to Facts: The court found that the trust continued to operate under the same objectives and management, with no significant changes affecting its eligibility for exemption under Section 11 for AY 2007-08.
Treatment of Competing Arguments: The revenue argued that the exemption should be denied due to incomplete accounts and late filing of the audit report. However, the court emphasized the settled position regarding previous years and the absence of adverse findings in the remand report.
Conclusions: The court upheld the CIT(A)'s decision to grant the exemption, finding no basis for denial under the circumstances.

Issue 2: Audit Report and Filing Timeliness

Relevant Legal Framework and Precedents: Section 12A(b) requires timely filing of the audit report in Form 10B to claim exemptions under Sections 11 and 12.
Court's Interpretation and Reasoning: The court considered whether the late filing of the audit report invalidated the exemption claim.
Key Evidence and Findings: The CIT(A) acknowledged the late filing but noted the subsequent acceptance of the audit and accounts for previous years after remand proceedings.
Application of Law to Facts: The court found that the procedural delay did not substantively affect the trust's eligibility for exemption, given the rectification of accounts for prior years.
Treatment of Competing Arguments: The revenue's argument focused on procedural non-compliance, while the court prioritized substantive compliance and continuity of charitable activities.
Conclusions: The court concluded that the procedural delay did not warrant denial of the exemption.

Issue 3: Inclusion of Balamurugan Hostel/Mess Accounts

Relevant Legal Framework and Precedents: Section 11 requires that all income and accounts related to charitable activities be considered for exemption.
Court's Interpretation and Reasoning: The court examined whether the exclusion of the hostel/mess accounts from the audit affected the trust's compliance with Section 11.
Key Evidence and Findings: The CIT(A) found that the hostel/mess accounts were not separately audited but were included in the overall accounts, which were accepted after remand.
Application of Law to Facts: The court determined that the inclusion of hostel/mess receipts in the overall accounts sufficed for compliance, given the absence of adverse findings in the remand report.
Treatment of Competing Arguments: The revenue argued for strict compliance, while the court considered the practical integration of accounts and absence of misuse of funds.
Conclusions: The court upheld the CIT(A)'s decision, finding no substantive issue with the inclusion of hostel/mess accounts.

3. SIGNIFICANT HOLDINGS

Preserve Verbatim Quotes of Crucial Legal Reasoning: "The very basis of denial of exemption, viz. absence of accounts in respect of past period leading to suspicions about the opening balances as on 01.04.2006 is now gone."
Core Principles Established: The judgment emphasizes the importance of substantive compliance over procedural delays and the continuity of charitable objectives in determining eligibility for exemptions.
Final Determinations on Each Issue: The court dismissed the revenue's appeal, affirming the CIT(A)'s decision to grant the exemption under Section 11 for AY 2007-08.

The judgment highlights the balance between procedural requirements and substantive compliance in tax exemption cases, particularly for charitable trusts. The court's decision underscores the importance of considering the broader context of a trust's operations and the rectification of past procedural lapses.

← Previous Next →