THE PUNJAB STATE CO-OPERATIVE BANK EMPLOYEES PENSION FUND TRUST,CHANDIGARH vs. DCIT, CHANDIGARH

आदेश/Order

Per Sanjay Garg, Judicial Member:

The present appeal has been preferred by the assessee against the order dated 2.11.2016 of the Commissioner of Income Tax (A)-2, Chandigarh [hereinafter referred to as ‘CIT(A)’] agitating the confirmation of the addition made by the Assessing officer denying the benefit of approval of exemption from income tax of the funds established by the assessee as per the provisions of section 10(23AAA) of the Income- tax Act, 1961 (in short 'the Act').

ITA No. 183/Chd/2017- The Punjab State Cooperative Bank Employees Pension Fund Trust, Chandigarh 2

assessee established a fund for the benefit of pension to its employees. The

fund was approved u/s 10(23AAA) of the Act by the Principal

Commissioner of Income Tax (PCIT) vide order dated 4.1.2013 for the

purpose of exemption u/s 11 of the I.T. Act from Income tax. However,

the Assessing officer denied the exemption to the assessee observing that

assessee / fund was not duly notified in the official gazette by the CBDT

for the said purpose and further that the assessee had made certain

amendments in its pension scheme, whereby, it decided to transfer the

corpus funds to LIC. The AO observed that the said amendment in the

pension scheme was not in accordance with the objects earlier mentioned

in the trust deed /pension scheme. Further, that in Form No.10 submitted,

the assessee had not mentioned the purpose of accumulation of the funds.

He, therefore, denied the exemption to the assessee.

provisions of section 10(23AAA) of the Act. So far as the first objection

of the Assessing officer that the assessee / funds had not been notified in

the official gazette of India, in our view, the said objection or contention

of the Revenue is not tenable. The relevant provisions of section 10

(23AAA) of the Act are reproduced as under:- “23. Incomes not included in total income …… (23AAA) any income received by any person on behalf of a fund established, for such purposes as may be notified by the Board in the Official Gazette, for the welfare of employees or their dependants and of which fund such employees are members if such fund fulfils the following conditions, namely :—

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(a) the fund— (i) applies its income or accumulates it for application, wholly and exclusively to the objects for which it is established; and (ii) invests its funds and contributions and other sums received by it in the forms or modes specified in sub- section (5) of section 11; (b) the fund is approved by the Principal Commissioner or Commissioner in accordance with the rules made in this behalf: Provided that any such approval shall at any one time have effect for such assessment year or years not exceeding three assessment years as may be specified in the order of approval;

assessee / applicant, rather, the purpose for which fund can be established,

has to be notified by the Central Government. The Ld. Counsel for the

assessee has brought our attention to the page 15 of the paper book which

is copy of the Notification No. S.O. 672(E) dated 27.7.1995, whereby,

Central Government has notified the purposes for which fund can be

established as per the provisions of section 10(23AAA) of the Act. The

above provisions of section 10(23AAA) of the Act read with the

notification issued by the Central government (supra) reveals beyond doubt

that it is not the assessee but the purposes which are required to be notified

and which, otherwise, have been duly notified vide aforesaid notification

bearing S.O. 672(E)(F No. 142/16/95-TPL) and 33/2011 dated 27.7.1995.

So far as the observation that the assessee had changed its objects, Ld.

Counsel for the assessee has submitted that the objects of the assessee have

not been changed and only it was decided that the corpus funds be

transferred to the LIC for the purpose of implementation of the scheme.

However, the contributors / employees did not agree with the same and the

said change has never been implemented. The Ld. Counsel has further

ITA No. 183/Chd/2017- The Punjab State Cooperative Bank Employees Pension Fund Trust, Chandigarh 4

submitted that even the decision to transfer of the corpus fund to the LIC

was as per the statutory provisions and no illegality was committed by the

assessee even otherwise, in this respect. However, as on today, the funds

have not been transferred to LIC. The Ld. counsel has further invited our

attention to the approval issued to the fund by the PCIT for subsequent

assessment years 2014-15 and 2015-16, which showed that the fund

continued to subsist for the subsequent years and the PCIT after

examining the relevant provisions has further granted the approval to the

assessee. So far as the contention that the assessee was supposed to

declare the purpose of accumulation of funds in form No.10 is concerned,

the Ld. Counsel for the assessee has submitted that, in fact, the assessee

was not required to file the form No.10 itself. That even otherwise the

purpose of accumulation was specifically mentioned in the approval letter

issued by the PCIT that the fund obviously, was for pension scheme of the

employees.

authorities in making the impugned additions for the year under

consideration. The orders of the lower authorities are set aside and the

Assessing officer is directed to grant the exemption to the assessee in

respect of the fund established under the pension scheme as per the

relevant provisions of seciton10(23AAA) of the I.T. Act.

In the result, the appeal of the assessee is hereby allowed.

Order pronounced in the Open Court on 05.10.2018

Sd/- Sd/- अ�नपूणा� गु�ता संजय गग� (ANNAPURNA GUPTA) (SANJAY GARG ) लेखा सद�य/ Accountant Member �या�यक सद�य/ Judicial Member Dated : 05.10. 2018 Rkk

ITA No. 183/Chd/2017- The Punjab State Cooperative Bank Employees Pension Fund Trust, Chandigarh 5

आदेश क� ��त�ल�प अ�े�षत/ Copy of the order forwarded to : 1. अपीलाथ�/ The Appellant 2. ��यथ�/ The Respondent 3. आयकर आयु�त/ CIT 4. आयकर आयु�त (अपील)/ The CIT(A) 5. �वभागीय ��त�न�ध, आयकर अपील�य आ�धकरण, च�डीगढ़/ DR, ITAT, CHANDIGARH 6. गाड� फाईल/ Guard File

आदेशानुसार/ By order, सहायक पंजीकार/ Assistant Registrar