BHARTIYA VICHAR DARSHAN,NAVI MUMBAI vs. ITO (E) 1(1), MUMBAI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that since exemption under Section 11 was denied due to commercial activities, the income should be computed in a commercial manner. The second ground of appeal was not pressed by the assessee.
What were the facts?
The assessee-trust claimed deduction under Section 24 on rental income and exemption under Section 11(1A)(b) on sale of trust property. The Assessing Officer denied exemption under Section 11 on the grounds of carrying on commercial activities.
What were the issues?
Whether deduction under Section 24 is allowable on rental income when Section 11 exemption is denied due to commercial activities. Whether exemption under Section 11(1A)(b) is allowable on sale of trust property.
Which sections of the Income-tax Act were involved?
Section 24,Section 11,Section 2(15),Section 11(1A)(b),Section 143(3)
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Rao Bahadur Calavala Cunnan Chetty Charities98 citing135 ITR 485 · 1982 · HC
- DIT (Exemption) v. Girdharilal Shewnarain Tantia Trust24 citing199 ITR 215 · 1993 · HC
Income Tax Appellate Tribunal, MUMBAI BENCHES “B” MUMBAI
Before: SHRI JOGINDER SINGH & SHRI N.K. PRADHAN
Date of Hearing: 15.11.2016 Date of Pronouncement: 28.12.2016 ORDER
PER N.K. PRADHAN, AM
This is an appeal filed by the assessee. The relevant assessment year is 2010-11. The appeal is directed against the order of the Commissioner (Appeals) – 1, Mumbai and arises out of order u/s 143(3) of the Income Tax Act 1961, (the ‘Act’).
The 1st ground raised by the assessee in this appeal is that the Ld. CIT(A) has erred in not allowing the deduction u/s 24 of the Act on rent income earned by the Trust amounting to Rs. 84,00,000/- whereas as per facts and circumstances it should be allowed.
2.1 In a nutshell, the grievance of the assessee is that the Assessing Officer (AO) has not allowed deduction u/s 24 of the Act on rental income of Rs. 84,00,000/- earned by the assessee-trust. It is found that in the income and expenditure statement for the year ended 31st March, 2010, the assessee-trust has credited rental income of Rs. 84,00,000/-. The contention of the learned counsel of the assessee is that standard deduction u/s 24 at 30% should be allowed on the rental income. The AO has denied exemption u/s 11 to the assessee on the ground that it is carrying on activities in the nature of trade, commerce, business and therefore such activities are not covered within the definition of ‘’charitable purpose’’ as per the proviso to section 2(15) of the Act. In appeal, the learned CIT(A) has mentioned that since section 11 is not applicable and exemption claimed by the appellant is denied, therefore, the income of the assessee during the year is liable to be computed in ‘commercial manner’ without classification under various heads as per decisions in the cases of CIT vs. Rao Bahadur Calavala Cunnan Chetty Charities (Mad) 135 ITR 485, DIT vs. Girdharilal Shewnarain Tantia Trust (1993) 199 ITR 215 (Cal) and CIT vs. Programme for Community Organization (1997) 228 ITR.
2.2 We have heard the rival submissions and perused the relevant material on record. The purpose of bringing the amendment in section 2(15) relating to trust registered under advancement of any other object of general public utility was that number of entities operating on commercial lines were claiming exemption on their income u/s 11 of the Act on the ground that they are charitable institutions. This was based on the argument that they are engaged in the “advancement of an object of general public utility” as is included in the last limb of the current definition of “charitable purpose”. Such a claim, when made in respect of an activity carried out on commercial lines, was contrary to the intention of the provision. Hence, income of such trusts was made taxable w.e.f. assessment year 2009-10.
2.3 The assessee in the instant case has not contested the denial of exemption u/s 11 of the Act. The Ld. CIT(A) has also noted that the assessee is not maintaining separate books of accounts as per section 11(4A) of the Act.
2.4 It is a settled position of law that income from the properties held under trust have to be arrived at the normal commercial manner without classification under the various heads set out in section 14 of the Act. The computation under the different categories or heads arises only for the purposes of ascertaining the total income for the purposes of the charge. Those provisions cannot be introduced to find out what the income derived from the property held under trust to be excluded from the total income.
In view of the forgoing reasons, the 1st ground of appeal is dismissed.
4. The 2nd ground filed by the assessee in this appeal is that the learned CIT(A) erred in not allowing the exemption u/s 11(1A)(b), on trust property sold amounting to Rs. 75,00,000/- whereas as per facts and circumstances it should be allowed.
4.1 During the course of hearing, the learned counsel of the assessee submitted that the assessee would not like to press the 2nd ground of appeal. He submitted the same in writing. Therefore, the 2nd ground of appeal is dismissed as not pressed.
In the result, the appeal is dismissed.
Order pronounced in the open court on 28/12/2016
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