ACIT CENTRAL CIRCLE 2(3), CHENNAI vs. TAGORE EDUCATIONAL TRUST, CHENNAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that advancing loans and advances, including corpus funds, to other registered charitable institutions with similar objects is permissible and not hit by the relevant provisions of the Act. The CIT(A)'s order was found to be correct.
What were the facts?
The Revenue appealed against the CIT(A)'s order which deleted the addition made by the AO. The AO had denied exemption under Section 11 to the assessee, a charitable trust, for giving loans and advances to two other educational trusts.
What were the issues?
Whether advances/loans given by a charitable trust to other registered trusts with similar objects are hit by Section 13(1)(d) of the Income Tax Act, thereby disentitling the trust to exemption under Section 11.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI
Before: SHRI ABRAHAM P.GEORGE & SHRI GEORGE MATHAN
PER GEORGE MATHAN, JUDICIAL MEMBER:
ITA No.1830/Chny/2017 is an appeal filed by the Revenue against
the Order of the Commissioner of Income Tax (Appeals)-17, Chennai, in ITA No.206/15-16/CIT(A)-17 dated 31.03.2017 for the AY 2008-09. 2. Ms.D.Kumutha, JCIT, represented on behalf of the Revenue and Mr.S.Sridhar, Adv., represented on behalf of the assessee. :- 2 -:
It was submitted by the Ld.DR that the assessee is a Charitable
Trust. In the course of the assessment, it was noticed that the assessee
had given loans and advances to two other Trusts viz., M/s.Jerusalem
Educational Trust, to an extent of Rs.30,37,250/- and M/s.Sri Lakshmi
Ammal Educational Trust, to an extent of Rs.50,00,000/-. The AO held
that the Explanation to Sec.11(2) debars advances/loans/deposits out of the accumulated funds of the previous years and consequently, denied the exemption u/s.11 of the Act. It was a submission that on appeal, the Ld.CIT(A) held that the assessee Trust was entitled to advance money to other registered Trusts who had similar objects and consequently, deleted
the addition. It was a submission that the order of the Ld.CIT(A) was liable to be reversed.
In reply, the Ld.AR vehemently supported the order of the Ld.CIT(A). It was a submission that the issue was squarely covered by the decision of the Hon’ble Delhi High Court in the case of ACME
Educational Society reported in [2010] 326 ITR 146 as also the decision of the Co-ordinate Bench of this Tribunal in the case of M/s.Society of Daughters of Mary Immaculate and Collaborators in ITA No.963/Mds/2012
wherein, relying upon the decision of the Hon’ble Delhi High Court in the case of ACME Educational Society, the Co-ordinate Bench of this Tribunal
had held that advancing of interest free loans to sister concerns, having
similar objects and registered u/s.12 of the Act was not hit by the provisions of Sec.1(5) r.w.s.13(1)(d) of the Act. :- 3 -:
We have considered the rival submissions.
A perusal of the order of the Ld.CIT(A) shows that in Para Nos.7.1.4
to 7.1.7, the Ld.CIT(A) has followed the judicial discipline in following the decision of the Hon’ble Delhi High Court in the case of ACME Educational
Society, referred to supra, as also the decision of the Co-ordinate Bench of this Tribunal in the case of M/s.Society of Daughters of Mary Immaculate
and Collaborators, to hold that the loans and advances including corpus
funds could be advanced to other Charitable Institutions registered
u/s.12A. M/s.Jerusalem Educational Trust and M/s.Sri Lakshmi Ammal
Educational Trust are registered u/s.12AA. This being so, we find no error
in the order of the Ld.CIT(A), which calls for any interference.
In the result, the appeal filed by the Revenue is dismissed.
Order pronounced in the Open Court on February 20, 2018, at Chennai. (अ"ाहम पी. जॉज") (जॉज! माथन) (ABRAHAM P.GEORGE) (GEORGE MATHAN) "या$यक सद"य/JUDICIAL MEMBER लेखा सद"य/ACCOUNTANT MEMBER :- 4 -:
चे"नई/Chennai, 0दनांक/Dated: February 20, 2018. TLN
आदेश क+ ($त1ल2प अ3े2षत/Copy to: 1. अपीलाथ'/Appellant 4. आयकर आयु4त/CIT
()यथ'/Respondent 5. 2वभागीय ($त$न"ध/DR 3. आयकर आयु4त (अपील)/CIT(A) 6. गाड! फाईल/GF
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