M/S CHANDIGARH INSTITUTE OF HOTEL MANAGEMENT & CATERING TECHNOLOGY (CIHMCT),CHANDIGARH vs. CIT (EXEMPTIONS), CHANDIGARH
What did the Tribunal hold?
The Tribunal noted that Section 10(23C)(iiiab) exempts income received by a person on behalf of an educational institution that exists solely for educational purposes, not for profit, and is wholly or substantially financed by the Government. The Tribunal clarified that this provision does not bar the 'person' from engaging in other business activities, nor does it require the entire income of the 'person' to be from such an institution. The exemption applies to the part of the income received on behalf of an eligible institution. The lower authorities had not examined whether the educational institution, irrespective of the hotel activity, met the criteria of being solely for education, not for profit, and substantially financed by the Government. Therefore, the Tribunal set aside the impugned order and remanded the matter to the Assessing Officer to verify these conditions afresh. For ITA No. 1021/Chd/2016, concerning denial of registration under Section 12A, the Tribunal also restored the matter to the Commissioner of Income Tax (Exemptions) for fresh examination, as the prior decision was based on the AO's findings which were now being re-examined.
What were the facts?
The assessee, Chandigarh Institute of Hotel Management & Catering Technology (CIHMCT), a society running an educational institution, claimed exemption under Section 10(23C)(iiiab) of the Income Tax Act, 1961, for Assessment Year 2013-14. The Assessing Officer (AO) disallowed the exemption, observing that the assessee was running a profitable hotel ('Chandigarh Hotel Beckons') alongside its educational activities, and providing mid-day meals, which were not solely for educational purposes. The Commissioner of Income Tax (Appeals) [CIT(A)] upheld the AO's order, adding that the institution was not wholly or substantially financed by the Government, as grants were less than 50% of total receipts. The assessee appealed these orders. Separately, the assessee also appealed the denial of registration under Section 12A for an earlier period.
What were the issues?
1. Whether the assessee's educational institution exists solely for educational purposes and not for profit, thereby qualifying for exemption under Section 10(23C)(iiiab) of the Income Tax Act, 1961, despite running a separate hotel business. Assessee's contention: The educational institute is run solely for education without profit motive. The hotel 'Chandigarh Hotel Beckons' was established in 2007 to provide practical experience to students and is run as a separate division with separate books of accounts. Income tax is paid on the hotel's profits. Exemption is claimed only for the educational institute's income. The assessee also argued that it had received exemption for prior assessment years (2009-10, 2010-11, 2012-13). Revenue's contention: Since the assessee is involved in running a hotel business, its activities cannot be considered solely for educational purposes and not for profit, justifying the denial of deduction. 2. Whether the assessee's educational institution is wholly or substantially financed by the Government, a condition for exemption under Section 10(23C)(iiiab) of the Income Tax Act, 1961. Assessee's contention: The educational institute is substantially financed by the Government. Government grants should be quantified against the educational institute's receipts only, not the total receipts including the hotel's.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DIVISION BENCH, ‘A’ CHANDIGARH
Before: SHRI SANJAY GARG & Dr. B.R.R. KUMAR
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
Per Sanjay Garg, Judicial Member:
The present appeals has been preferred by the assessee
against the separate orders dated 5.12.2016 (in ITA No.
462/Chd/2017) of the Commissioner of Income Tax(A)-2,
Chandigarh [hereinafter referred to as ‘CIT(A)’] and dated 30.7.2016
ITA Nos. 462/Chd/2017 & 1021/Chd/2016- Chandigarh Institute of Hotel Management & Catering Technology, Chandigarh 2
(in ITA No.1021/Chd/2016) of Commissioner of Income Tax
(Exemptions), Chandigarh [hereinafter referred to as ‘CIT(E)’].
Since certain common issues have been raised in both the
appeals, hence these were heard together and are being disposed of
by this common order. ITA No. 462/Chd/2017 is taken as lead case
for narration of facts.
ITA No. 462/Chd/2017 3. Though the assessee in this appeal has taken as many as 14
grounds of appeal, however, the effective issue raised in this appeal
is against the denial of exemption to the assessee claimed u/s
10(23C)(iiiab) of the Income-tax Act, 1961 (in short 'the Act').
The brief facts of the case are that assessee is a Society
registered with Registrar of Societies, Chandigarh and the main
object of the society is to undertake and to associate itself with
nutritional extension and development work. The broad objectives
are listed in the assessment order. The assessee is running an
educational institution in the name and style of Chandigarh Institute
of Hotel Management and Catering Technology and claimed
exemption u/s 10(23C)(iiiab) of the Income Tax Act, 1961. The
Assessing officer observed that the assessee was not fulfilling the
conditions of eligibility for claiming exemption u/s 10(23C) (iiiab)
of the Act. He observed that to claim exemption u/s 10(23C)(iiiab),
the educational institution must be solely for the purpose of
education and without any profit motive. He further observed that
ITA Nos. 462/Chd/2017 & 1021/Chd/2016- Chandigarh Institute of Hotel Management & Catering Technology, Chandigarh 3
though the assessee had been running hotel management course, yet,
simultaneously running profitable hotel in the name of Chandigarh
Hotel Beckons. Also the institute had been providing mid-day meal
for government schools of Chandigarh Administration and these
activities could not be said for educational purpose. Chandigarh
Hotel Beckons was being run on commercial basis to earn huge profit
and there was no objects shown in MOA of the assessee of running
of a hotel. The Assessing officer held that assessee was not existing
solely for the purpose of education and without any profit motive and
thus not eligible for deduction u/s 10(23C)(iiiab) of the Act, and the
same was accordingly disallowed.
Being aggrieved by the above order of the Assessing officer,
the assessee preferred appeal before CIT(A). However, the Ld.
CIT(A) confirmed the findings of the Assessing officer on the above
issue. He further held that to claim exemption u/s 10(23C)(iiiab) of
the Act, one of the requirement was that institution must be wholly
or substantially financed by the Government. He further observed
that even the assessee institution was not substantially financed by
the Government which means that the grant received from the
Government should be more than of 50% of the total receipts during
the relevant year. However, in the case of the assessee, it was below
50%. He, therefore, held that assessee even otherwise did not satisfy
the condition that it was substantially financed by the Government
during the year. The Ld. CIT(A) therefore, upheld the order of the
Assessing officer. The assessee, thus, has come in appeal before us.
ITA Nos. 462/Chd/2017 & 1021/Chd/2016- Chandigarh Institute of Hotel Management & Catering Technology, Chandigarh 4
Before us, Ld. Counsel for the assessee has submitted that the
assessee society has been running its educational institute solely for
the purpose of education and not for profit and that the assessee
society has rightly claimed exemption u/s 10(23C)(iiiab) of the Act
in respect of the income of its educational institute. It has been
further submitted that assessee was allowed exemption u/s
10(23C)(iiiab) of the Act for the assessment years 2009-10, 2010-11
and 2012-13. However, for the year under consideration, the claim of
exemption has been wrongly denied to the assessee. It has been
further claimed that earlier the assessee society has been running the
educational institution only. However, in the year 2007, the
assessee society apart from its educational institution, established
‘The Hotel Chandigarh Beckons (a unit of CIHM, Chandigarh) for
providing hands on experience to the students of the Institute. As
such from 2007, the society started running its hotel activity apart
from its educational institute and both the activities are being run
separately as two separate divisions of the society and even books of
account are maintained separately for both its Educational Institute
and Hotel Chandigarh Beckons. The liability of due amount of
income tax is discharged for its hotel business. That the exemption is
claimed only for its educational institute and not for both the
educational institute and the hotel. The Ld. counsel, therefore,
submitted that assessee should be allowed exemption u/s
10(23C)(iiiab) of the Act in respect of the educational institution.
ITA Nos. 462/Chd/2017 & 1021/Chd/2016- Chandigarh Institute of Hotel Management & Catering Technology, Chandigarh 5
The Ld. DR, on the other hand, has submitted that since the
assessee is also involved in a business activity of running a hotel,
hence, the activities of the assessee cannot be said to be solely for
educational purposes and not for profit and, therefore, the deduction
has rightly been denied to the assessee by the lower authorities.
We have considered the rival contentions and have gone
through the record. The Ld. counsel has relied upon the voluminous
record to submit that the activity of the assessee in respect of the
running of educational institute is separate and distinct from its
activity of running of a hotel and that both the activities cannot be
clubbed together. That separate books of account are being
maintained in respect of both the activities. Further, that educational
institute run by the assessee is substantially financed by the
Government and that the grants received from the Government cannot
be quantified in respect of total receipts of the assessee i.e. from
educational institute as well as hotel, rather, the same have to be
quantified in respect of receipts of the educational institute as the
same are received for funding of the educational activity only of the
assessee.
To arrive at the proper conclusion, we deem its fit to reproduce
here the relevant provisions of the Section 10(23C)(iiiab) of the Act
“10. In computing the total income of a previous year of any person, any income falling within any of the following clauses shall not be included— ……….
ITA Nos. 462/Chd/2017 & 1021/Chd/2016- Chandigarh Institute of Hotel Management & Catering Technology, Chandigarh 6
(23C) any income received by any person on behalf of— ………. (iiiab) any university or other educational institution existing solely for educational purposes and not for purposes of profit, and which is wholly or substantially financed by the Government; or ………..” A perusal of the above recorded provisions of section 10(23C)(iiiab)
reveals that they are not specific to the total income of a person,
rather, they talk of exemption of income received by a person on
behalf of any university or educational institute existing solely for
educational purposes and not for the purpose of profit which is
wholly or substantially financed by the Government; meaning
thereby that part of the income of a person which is received on
behalf of any institute falling under the provisions of section
10(23C)(iiiab) of the Act will be exempt, it does not mean that entire
income of the ‘Person’ should be from the institute solely existing
for educational purposes and not for profit and substantially
financed by the Government or that the ‘person’ is barred from
entering into any business activity. Hence, in our view, as per the
provisions of section 10(23C)(iiiab) of the Act, that part of the
income of the person will be exempt which is received from an
institution solely for educational purposes and not for profit and is
substantially financed by the Government. The claim of the assessee
in the case in hand is for exemption u/s 10(23C)(iiiab) of the Act is
relating to the income received on behalf of educational institution
being run by it solely for educational purposes and not for profit and
which is substantially financed by the Government. However, the
lower authorities have not examined this aspect. It is the claim of
ITA Nos. 462/Chd/2017 & 1021/Chd/2016- Chandigarh Institute of Hotel Management & Catering Technology, Chandigarh 7
the assessee that separate books of account are being maintained in
respect of educational institution run by it and that it is substantially
financed by the Government and is not run for profit. In view of
this, the matter requires to be remanded back to the file of the
Assessing officer to correctly apply the provisions of section
10(23C)(iiiab) of the Act and to examine and verify whether the
educational institution run by the assessee, irrespective of the other
activity of running of the hotel of the assessee, is run solely for
educational purposes and not for profit and whether the said
institution is substantially financed by the Government. If the
institute is found to qualify the above conditions of section
10(23C)(iiiab) of the Act, the assessee will be entitled to claim
exemption in respect of income received by it on behalf of such
educational institution.
We accordingly set aside the impugned order of the CIT(A) and
remand the matter to the Assessing officer and direct the Assessing
officer to decide the issue afresh in the light of the observations
made above and in accordance with law.
This appeal of the assessee is accordingly treated as allowed
for statistical purposes.
ITA No. 1021/Chd/2016
This appeal is preferred by the assessee against the denial of
registration to the assessee society u/s 12A of the Act.
Both the Ld. representatives of the parties have submitted that
since the findings of the Ld. CIT(E)) in this case was based on the
ITA Nos. 462/Chd/2017 & 1021/Chd/2016- Chandigarh Institute of Hotel Management & Catering Technology, Chandigarh 8
findings of the Assessing officer holding that the assessee was running a hotel business along with an educational institute and since the matter has been restored to the file of the Assessing officer, in respect of ITA No. 462/Chd/2017 (assessment year 2013-14), as observed above, the matter in this appeal is also be restored to the file of Ld. CIT(E) to examine afresh in accordance with law.
In view of the above submissions of both the Ld. Representatives of the parties, the matter in this appeal is restored to the file of Ld. CIT(E) for decision afresh in accordance with law.
Both the appeals of the assessee are treated as allowed for statistical purposes. Order pronounced in the Open Court on 21.08.2018.
Sd/- Sd/- (B.R.R KUMAR) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated :21.08.2018 Rkk
Copy to: • The Appellant • The Respondent • The CIT • The CIT(A) • The DR
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