ITO, MADURAI vs. M/S. PIMASUGAM EDUCATIONAL TRUST, VIRUDHUNAGAR

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ITA 2825/CHNY/2016Status: DisposedITAT Chennai27 July 2017AY 2007-085 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT(Appeals) failed to provide a detailed discussion on how the cited High Court judgments applied to the facts. Therefore, the matter was remitted back to the Assessing Officer for re-examination.

What were the facts?

The Revenue appealed against the CIT(Appeals) order allowing exemption under Section 10(23C) to an educational trust. The Revenue argued that the trust engaged in activities beyond solely educational purposes, such as distributing sarees and computers.

What were the issues?

Whether an educational trust engaging in non-educational activities can claim exemption under Section 10(23C) and whether the CIT(Appeals) adequately justified its decision based on precedent.

Which sections of the Income-tax Act were involved?

Section 10(23C)

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI S. JAYARAMAN

For Respondent: Shri M. Muthusubramanian, CA
Hearing: 04.07.2017Pronounced: 27.07.2017

आदेश /O R D E R

PER N.R.S. GANESAN, JUDICIAL MEMBER:

1.

This appeal of the Revenue is directed against the order of the Commissioner of Income Tax (Appeals) – 2, Madurai, dated 30.03.2016 and pertains to assessment year 2007-08.

2.

Shri S. Nataraja, the Ld. Departmental Representative, submitted that the assessee claimed exemption under Section 10(23C) of the Income-tax Act, 1961 (in short 'the Act'). According to the Ld. D.R., the assessee is an educational institution. For the purpose of claiming exemption under Section 10(23C) of the Act, the assessee has to establish that the educational institution exists solely for educational activities and not for profit. In this case, according to the Ld. D.R., the educational institution does not exist for educational activity only. The other activities carried on by the assessee are brought on record by the Assessing Officer at para 7.4 of his order. According to the Ld. D.R., the assessee has distributed sarees to the so-called poor, computers were said to be given to school children. The assessee has claimed that it distributed 3-wheeler cycle to handicapped people. According to the Ld. D.R., these activities of the assessee are not educational activities, therefore, the assessee does not solely exist for educational activities. Therefore, according to the Ld. D.R., the CIT(Appeals) is not justified in allowing the claim of the assessee.

3.

On the contrary, Shri M. Muthusubramanian, the Ld. representative for the assessee, submitted that one of the objects of the assessee-society is to establish and run educational institution. On a query from the Bench what are the objects of the assessee- society? The Ld. representative submitted that there are several objects including establishment of educational institution, distribution of free food and clothing to the poor and needy, establishment of libraries, establishment of hostel for the students, extending help to poor people affected by natural calamity, etc. The Ld. representative further submitted that the assessee has established a nursing college in the name and style of “Suran College of Nursing” at Virudhunagar District. This college is affiliated to Tamil Nadu Dr. M.G.R. Medical University, Chennai. Therefore, the institution is solely existing for educational activities. On a query from the Bench when the assessee has several objects apart from education, can it be said that it was existing solely for educational purpose? The Ld. representative submitted that the CIT(Appeals) by referring to the judgment of Bombay High Court in Chief Commissioner of Income Tax v. Vanita Vishram Trust (2010)

192 Taxman 389 and the judgment of Allahabad High Court in Union of India v. C.P. Vidya Niketan Inter College Shikshan Society (2013) 40 taxmann.com 76, has allowed the claim of the assessee.

4.

We have considered the rival submissions on either side and perused the relevant material available on record. The assessee claims that it was existing solely for educational activities even though it engaged in other activities of extending help to poor people, distribution of sarees to the poor, computers to the students, etc. However, the Revenue claims that when the assessee is engaged in other activities, the assessee is not eligible for exemption under Section 10(23C) of the Act. The CIT(Appeals) by placing reliance on the judgment of Bombay High Court in Vanita Vishram Trust (supra) and Allahabad High Court in C.P. Vidya Niketan Inter College Shikshan Society (supra), allowed the claim of the assessee without any discussion in the order. This Tribunal is of the considered opinion that the CIT(Appeals) is bound to discuss the matter and bring on record how the judgments of Bombay High Court and Allahabad High Court are applicable to the facts of the case. Since such an exercise was not by the CIT(Appeals), this Tribunal is of the considered opinion that the matter needs to be reconsidered. Accordingly, the orders of the authorities below are set aside and the issue is remitted back to the file of the Assessing Officer. The Assessing Officer shall re-examine the matter in the light of the material that may be available on record and decide the issue in accordance with law, after giving a reasonable opportunity to the assessee.

5.

In the result, the appeal filed by the Revenue is allowed for statistical purposes.

Order pronounced on 27th July, 2017 at Chennai.

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