2015 (1) TMI 519 - AT - Income Tax

Tribunal upholds CIT(A)'s orders, dismissing Revenue's appeal on three issues.

Income Tax Officer Versus M/s. Awasiya Shiv Ram Singh Educational Society

The Tribunal dismissed the Revenue's appeal, confirming the CIT(A)'s orders on all three issues. The CIT(A)'s detailed examination and application of ... Unexplained Cash credits - addition u/s 68 deleted by CIT - Held that:- Undisputedly before the Assessing Officer complete details were not filed and the Assessing Officer has made addition of ₹ 7.65 lakhs under section 68 of the Act. But when the matter arrived before the ld. CIT(A), the ld. CIT(A) has asked the assessee vide order sheet entry dated 23.1.2013 to file details of PAN and other relevant details of the cash creditors. Consequent thereto complete details including the copy of Income-tax return, copy of PAN, copy of Khasra & Khataoni, ID Card, etc. were filed before the ld. CIT(A) which were properly examined by him before accepting the genuineness of the contribution made by the 14 persons. Accordingly, no infirmity find in the order of the ld. CIT(A) in admitting the evidence filed on his direction.- Decided in favour of assessee. Difference in valuation of construction of building as per valuation report of the DVO and as disclosed by the assessee in its books of account - addition u/s 68B deleted by CIT - Held that:- On carefully examining the photographs and the evidence filed with regard to the quality of constructions of the building and rooms constructed by certain donors and it is quite evident from the photographs that the quality of construction was not as suggested by the DVO in his report which is available on record. Most of the walls are not even plastered and the floors are also made of bricks. Also carefully examining the findings of the ld. CIT(A) in this regard and of the view that the ld. CIT(A) has examined each and every aspect and quality of construction and after giving credit of self-supervision charges, etc., the ld. CIT(A) did not find much difference in the valuation declared by the assessee and estimated by the DVO. Therefore, we confirm the order of the ld. CIT(A) deleting the additions made by the Assessing Officer. Since we do not find any infirmity in the order of the ld. CIT(A), we confirm the same. - Decided in favour of assessee. Entitlement to exemption u/s 10(23C)(iiiad) - Held that:- In the absence of any specific assertion, it cannot be held that the assessee was engaged in profit making activities in the light of the fact that the assesseetrust is running an educational institution and the activities were never doubted by the Assessing Officer. CIT(A) has rightly held that the assessee-trust is charitable institution and is entitled for exemption under section 10(23C)(iiiad) of the Act. Accordingly we confirm his order on this issue.- Decided in favour of assessee. Issues Involved:1. Deletion of addition of Rs. 7,65,000/- under Section 68 of the Income Tax Act.2. Deletion of addition of Rs. 53,91,660/- as income from undisclosed sources under Section 69B based on DVO report.3. Entitlement to exemption under Section 10(23C)(iiiad) of the Income Tax Act.Issue-wise Analysis:1. Deletion of Addition of Rs. 7,65,000/- under Section 68 of the Income Tax Act:The Assessing Officer (AO) added Rs. 7,65,000/- as unexplained cash credit under Section 68, citing insufficient evidence regarding the source of contributions from various members. The assessee provided evidence for only one contributor, Shri. Shiv Ram Singh. The Commissioner of Income Tax (Appeals) [CIT(A)] asked the assessee to provide details of PAN and other relevant documents for the remaining contributors. The assessee complied, submitting confirmation letters, PAN cards, voters ID cards, income tax returns, and landholding documents for the contributors. Convinced by the provided evidence, the CIT(A) deleted the addition. The Revenue appealed, arguing that the CIT(A) admitted additional evidence without confronting the AO, violating Rule 46A. However, it was held that the CIT(A) has co-terminus powers with the AO and can direct the production of documents. The Tribunal found no infirmity in the CIT(A)'s order and confirmed the deletion of the addition.2. Deletion of Addition of Rs. 53,91,660/- as Income from Undisclosed Sources under Section 69B Based on DVO Report:The AO added Rs. 53,91,660/- based on the difference between the valuation of the building by the District Valuation Officer (DVO) and the amount recorded in the assessee's books. The DVO estimated the total cost at Rs. 2,04,58,237/-, while the assessee declared Rs. 28,03,052/-. The assessee objected to the DVO's report, citing the use of CPWD rates instead of UPPWD rates, and other discrepancies. The CIT(A) re-examined the issue, considering the assessee's objections and additional evidence, including photographs and a registered valuer's report estimating the cost at Rs. 1,27,85,000/-. The CIT(A) averaged the DVO's and registered valuer's estimates, arriving at Rs. 1,66,21,500/-, and allowed deductions for self-supervision and other factors, reducing the cost to Rs. 83,10,750/-. The CIT(A) found the difference negligible and deleted the addition. The Tribunal upheld the CIT(A)'s order, finding no infirmity in the detailed examination and conclusions drawn.3. Entitlement to Exemption under Section 10(23C)(iiiad) of the Income Tax Act:The AO denied exemption under Section 10(23C)(iiiad), claiming the assessee-trust's dominant object was profit-making. The CIT(A) observed that the trust's receipts were Rs. 39,80,576/- with a surplus of only Rs. 39,153/-, about 1% of the receipts, indicating the institution was not run for profit. The CIT(A) relied on various judicial precedents, including Vanita Vishram Trust v. Chief Commissioner of Income-Tax and Pinegrove International Charitable Trust, which held that accumulation of income within the parameters of the section does not disqualify the institution from exemption. The Tribunal confirmed the CIT(A)'s order, noting the absence of any specific assertion by the Revenue to prove profit-making activities.Conclusion:The Tribunal dismissed the Revenue's appeal, confirming the CIT(A)'s orders on all three issues. The CIT(A)'s detailed examination and application of relevant judicial precedents were upheld, providing relief to the assessee.