THE COMMISSIONER OF INCOME TAX vs. M/S.ISLAMIC ACADEMY OF EDUCATION
What did the High Court hold?
The High Court decided the first three questions of law in favor of the assessee, relying on previous judgments. The fourth question was remanded back to the Tribunal for fresh adjudication as it was decided without considering the specific facts of the case.
What were the facts?
The Revenue appealed against an ITAT order that confirmed the CIT(A)'s decision regarding the assessee's status and certain investments. The appeal raised several questions of law concerning the assessee's status as a 'Trust' versus 'AOP', violations of Sections 11(5) and 13, and the deletion of an addition of Rs. 1,28,25,400/-.
What were the issues?
The key issues were whether the assessee should be treated as a 'Trust' or 'AOP', violations of investment provisions, and the validity of deleting a significant addition without proper consideration of facts and audit reports.
Which sections of the Income-tax Act were involved?
Section 11(5),Section 13(d)(i),Section 13(2)(h),Section 13(7),Section 132,Section 12A(b),Section 142(1)
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF AUGUST, 2015
PRESENT
THE HON'BLE MR. JUSTICE VINEET SARAN
AND
THE HON’BLE MR. JUSTICE B.MANOHAR
ITA NO. 502 / 2009
BETWEEN
1 THE COMMISSIONER OF INCOME TAX
CENTRAL CIRCLE,
C R BUILDING, ATTAVARA
MANGALORE
2 THE DY.COMMR. OF INCOME TAX
CENTRAL CIRCLE, C R BUILDING
ATTAVARA, MANGALORE ...APPELLANTS (BY SRI K V ARAVIND & E I SANMATHI, ADVS.)
AND
M/S.ISLAMIC ACADEMY OF EDUCATION NITHYANANDA NAGAR, DERALAKATTE MANGALORE
...RESPONDENT
(BY SRI S.PARTHASARATHI, SMT. JINITA CHATTERJI & SRI V.K.GURUNATHAN, ADVs.)
THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED: 11.5.2009 IN ITA
903/BANG/2007 FOR THE ASST. YEAR 1999-2000 PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE ITAT CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE , MANGALORE.
THIS ITA COMING ON FOR HEARING THIS DAY, VINEET SARAN J. DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri K.V.Aravind, learned counsel for the appellants and Sri S.Parthasarthi, learned counsel for the respondent and perused the record.
This appeal has been ADMITTED on the following questions of law:
“1. Whether the Appellate Authorities were correct in law in directing in revenue’s appeal that the status of the assessee should be taken as “Trust” as against AOP adopted in the assessment order, without appreciating that the assessee has contravened the provisions of section 11(5) r.w.s. 13(d)(i) and 13(2)(h) of the Act in view of investment made in the shares of M/s.Yenepoya Institute of Medical Science and Research (P) Ltd., and continued to hold them after 31.12.1970?
Whether the Appellate Authorities were correct in not appreciating that the investment made by the assessee in the shares of M/s. Yenepoya Institute of Medical Science and Research (P) Ltd., exceeded 5% of the share capital of this Private Limited company, earlier known as Karnataka Hotels Pvt. Ltd., if the investments of persons mentioned in section 13(3)(d) and also of “relative” of trustees/authors etc., as per Explanation 1 below Section 13(7) of the Act are taken into consideration?
Whether the Appellate Authorities were right in law in holding that “borrowed capital” needs to be taken into consideration while deciding whether shares held by the trust exceeds 5% of the share capital of the company or not?
Whether the Appellate Authorities were correct in law in upholding the orders of CIT(A), and deleting the addition of Rs.1,28,25,400/- even though the assessee has not filed audit report in Form No.10B as required u/s.12A(b) of the Act and did not produce the account books and particulars called for u/s.142(1) of the Act at the time of assessment and also in view of several discrepancies in accounts and seizure of unexplained cash in search conducted u/s.132 on 21.09.2005?”
Learned counsel for the parties have jointly submitted that the first question involved in this appeal is covered
by the decision of this Court in the case of Commissioner of Income Tax –vs- M/s.Islamic Academy of Education in ITA No.805/2008 decided on 09.09.2014.
For the reasons given in the aforesaid judgment, the first question of law is decided in favour of the assessee and against the revenue.
Learned counsel for the parties have further agreed that the second and third questions are covered by the decision of this Court rendered in the case of the Commissioner of Income- Tax –vs- Islamic Academy of Education in ITA No.86/2008 decided on 03.06.2014. As such, for the reasons given in the aforesaid judgment, the aforesaid two questions-2 and 3 are also decided in favour of the assessee and against the revenue.
As regards the fourth question, learned counsel for the parties do not dispute the fact that the question in this regard has been decided by the Tribunal without considering the facts of
the case on hand but the same has been done basing it on some other order adjudicating cancellation of registration under Section 12A of the Income Tax Act, 1961 (for short ‘the Act’).
Learned counsel for the parties thus submit that the fourth question of law raised in the appeal may be remanded back to the Tribunal for fresh adjudication after hearing it as de novo. As such, without expressing any opinion with regard to question No.4, it is directed that the Tribunal shall reconsider the said issue and pass fresh orders in accordance with law without being influenced by the order passed with regard to grant of registration under Section 12A of the Act.
The appeal stands disposed of.
Sd/-
JUDGE
Sd/-
JUDGE TL
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