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Income Tax Appellate Tribunal, DIVISION BENCH ‘B’, CHANDIGARH
Before: MS.DIVA SINGH & MS. ANNAPURNA GUPTA
IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH ‘B’, CHANDIGARH
BEFORE MS.DIVA SINGH, JUDICIAL MEMBER AND MS. ANNAPURNA GUPTA, ACCOUNTANT MEMBER ITA Nos.465 to 467/Chd/2018 (Assessment Years : 2013-14 to 2015-16) The J.C.I.T., Vs. M/s Semi Conductor Laboratory SCL Ciricle-1(Exemptions), Phase-8, Industrial Area, Sector 72, Chandigarh. Mohali. PAN: AAGTS0959N (Appellant) (Respondent)
Appellant by : Mrs.Mona Mohanty, CIT DR Respondent by : Shri A.K.Sood, CA Date of hearing : 19.07.2018 Date of Pronouncement : 27.08.2018 ORDER PER BENCH:
All the above appeals have been preferred by the
Revenue against separate orders of Ld. Commissioner of
Income Tax (Appeals)-2, Chandigarh, all relating to the
same assessee and all dated 19.1.2018, but pertaining to
different assessment years i.e. assessment years 2013-14,
2014-15 and 2015-16 .
It was common ground that the issue involved in all
the appeals was identical, being denial of exemption u/s 11
of the Income Tax Act,1961, (hereinafter referred to as
Act).Therefore all the impugned appeals were heard together
and are being disposed off by this consolidated order for the
sake of convenience.
ITA No.465 to 467/Chd/2018 2 A.Y.2013-14 to 2015-16
Brief facts of the case, as emanating from the orders of
the authorities below, are that the assessee trust, a society,
is a body working under Department of Space, Government
of India. The main objective of the assessee society, as per
its Memorandum of Association and rules & regulations was
to undertake, aid, promote, guide and coordinate research
and development in the field of semiconductor technology,
micro-electro mechanical systems and process technologies,
relating to semiconductor processing. The assessee had
developed CMOS technologies as well as specialised
technologies through in-house R&D efforts. The assessee
society had been granted registration as a charitable society
u/s 12A of the Act . For the impugned assessment years the
assessee society had filed returns declaring 'Nil' income.
During assessment proceedings the assessing officer
observed that the assessee was doing manufacturing of
LSI/VLSI devices for private parties and then selling it for
profit and that it was not doing any work related to
charitable activities. Accordingly, after seeking due
explanation from the assessee on the issue, with which he
was not satisfied, he held that the objective of the assessee
did not fall within the purview of “General Public Utility”
and that the assessee was carrying out business/commercial
activities. He further noted that the assessee had not
maintained separate books of accounts for grants/receipts
from properties of trust. The Assessing Officer, therefore,
held that the assessee was not eligible for exemption u/s 11
of the Act.
ITA No.465 to 467/Chd/2018 3 A.Y.2013-14 to 2015-16
The matter was carried in appeal before the
Ld.CIT(Appeals),who noted that identical issue had been
decided by the I.T.A.T. in assessee’s own case for
assessment years 2010-11 and 2011-12 vide their order in
ITA No.151/Chd/2014 & ITA No.858/Chd/2014 dated
12.5.2016, holding that the assessee’s case is not hit by the
proviso to section 2(15) of the Act and, therefore, the
assessee is eligible for exemption u/s 11 of the Act.
Following the said orders the appeal was decided in favour
of the assessee.
Aggrieved by the same, the Revenue has come up in
appeal before us raising the following grounds:
“1. That on the facts and circumstances of the case, the Ld.CIT(A) has erred in law in holding that the proviso to section 2(15) of the IT. act, 1961 was not applicable in the case of the assessee whereas the activities of the assessee were of commercial/business in nature. 2. That on the facts and circumstances of the case, the Ld.CIT(A) has erred in law in interpreting the provisions of section 2(15) vis-a-vis the facts of assessee's case that the assessee's activities were not for profit motives even as the proviso entails preclusion of all activities, in the nature of trade, business or commerce, from the ambit of charitable purpose in cases professing to pursue advancement of any other object of general public utility. 3. That on the facts and circumstances of the case, the Ld. CIT(A) has erred in law by relying on the fact that the society is a registered entity and ignoring that the statutory provisions entail first the examination of income that qualifies under section 11 & 12 and then the utilization of the same for charitable purposes. 4. That on the facts and circumstances of the case, the Ld. CIT(A) has erred in law deleting the additions when the activities of the trust are non-charitable and the provisions of section 11(4A) of the IT. Act are squarely applicable to the case.
ITA No.465 to 467/Chd/2018 4 A.Y.2013-14 to 2015-16
That the appellant craves to leave, add or amend the grounds of appeal on or before the appeal heard and disposed off.” 5. Before us, the Ld. DR fairly agreed that the issue was
covered by the order of the I.T.A.T. in the preceding years as
pointed out by the Ld.CIT(Appeals) in his order. The Ld.
counsel for assessee placed copy of the order of the I.T.A.T.
passed in the preceding years referred to by the
Ld.CIT(Appeals) while deciding the appeal in favour of the
assessee.
We have gone through the order of the I.T.A.T. in the
preceding years and find that in the said years also the
assessee society had been denied exemption u/s 11 of the
Act, since it was found to be engaged in commercial
activities of sale and purchase. The I.T.A.T. found that the
said activity was carried out in consonance with its object
on the basis of which it was granted registration u/s 12AA of
the Act and was carried out without any profit motive which
was evident from the fact on record that the assessee was
making sales at less than the market price and its ultimate
object was not to give benefit to some specific person as per
its memorandum of association. The I.T.A.T. therefore held
that the said activities were charitable in nature, not hit by
the proviso to section 2(15) of the Act. The claim of the
assessee to exemption u/s 11 of the Act was accordingly
allowed.
Admittedly the facts in the present case are identical
to that in the preceding year with the assessee having been
ITA No.465 to 467/Chd/2018 5 A.Y.2013-14 to 2015-16
denied exemption u/s 11 of the Act for having been found to
have indulged in commercial activities of sale and purchase.
No distinguishing facts have been brought to our notice by
the Ld. DR. The issue therefore is squarely covered by the
order of the I.T.A.T. in the preceding years, which we hold
has been rightly followed by the CIT(Appeals), allowing the
assessees appeal. We therefore see no reason to interfere in
the order of the CIT(Appeals).
In the result, all the appeals filed by the Revenue are,
therefore, dismissed.
Order pronounced in the Open Court.
Sd/- Sd/- (DIVA SINGH) (ANNAPURNA GUPTA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated : 27th, 2018 *Rati* Copy to: 1. The Appellant 2. The Respondent 3. The CIT(A) 4. The CIT 5. The DR
Assistant Registrar, ITAT, Chandigarh