2020 (11) TMI 853 - AT - Income Tax

Tribunal grants tax exemption appeal, remits case for fresh assessment

The Tribunal allowed the appeals for both assessment years, setting aside the denial of tax exemption under section 10(23C) of the Income Tax Act. The ... Exemption u/s 10(23C)(vi) denied - assessee trust was not registered under section 12A - HELD THAT:- Since these two appeals are filed by the assessee against the orders of the Assessing Officer in denying benefit of exemption claimed u/s.10(23C) of the Act and the very same matter has been gone back to the file of the Chief Commissioner of Income-tax, Coimbatore for reconsideration, the assessment orders passed by the Assessing Officer consequential to rejection of exemption claimed u/s.10(23C) of the Act cannot survive under the law. Therefore, we are of the considered view that appeals filed by the assessee for assessment years 2010-11 and 2012-13 need to go back to the file of the learned Assessing Officer for re-consideration of the issue after the outcome of the proceedings before the Chief Commissioner of Income-tax, Coimbatore regarding eligibility of the assessee for exemption u/s.10 (23C) of the Act. Hence, we set aside the impugned orders and remit both the appeals back to the file of the Assessing Officer and direct him to redo the assessments in accordance with the law. Issues:Appeals against denial of tax exemption under section 10(23C) of the Income Tax Act for assessment years 2010-11 & 2012-13.Analysis:1. The appellant's appeals challenged the denial of tax exemption under section 10(23C) of the Income Tax Act for the assessment years 2010-11 & 2012-13. The appellant contended that the orders of the Commissioner of Income Tax (Appeals) were contrary to law, facts, and circumstances of the case. The appellant argued that the denial of tax exemption was unjustified and incorrect, emphasizing that the benefit of tax exemption was wrongly rejected due to a narrow interpretation of the related provisions of the Act. The appellant also raised concerns about the proper implementation of directions issued by the Appellate Tribunal, leading to the computation of taxable total income being questioned on various grounds.2. The brief facts of the case revealed that the appellant, a trust running educational institutions, had filed for tax exemption under section 10(23C) of the Act for the assessment year 2010-11. However, the claim was denied due to the trust not being registered under section 12A of the Act and the total receipts exceeding Rs. one crore. Subsequent appeals and remands resulted in the Assessing Officer assessing the income of the educational institutions as one entity, leading to the denial of exemption and taxation at the maximum marginal rate.3. The Commissioner of Income Tax (Appeals) upheld the findings of the Assessing Officer, denying exemption under section 10(23C) for both the Matric Higher Secondary School and the School Hostel. The appellant then appealed the decision, arguing that the matter should be reconsidered in light of the High Court's observations and remand for fresh decision by the Chief Commissioner of Income Tax, Coimbatore.4. The Tribunal, after considering the submissions of both parties and the High Court's decision, concluded that the denial of exemption claimed by the appellant under section 10(23C) could not stand. The Tribunal noted that the High Court had set aside the orders based on the rejection of the exemption claim and directed the Assessing Officer to reconsider the issue after the Chief Commissioner's decision regarding the appellant's eligibility for exemption under section 10(23C) of the Act.5. Consequently, the Tribunal allowed the appeals for both assessment years, setting aside the impugned orders and remitting the appeals back to the Assessing Officer for re-consideration in accordance with the law. The Tribunal emphasized the need for fresh assessment after the outcome of the proceedings before the Chief Commissioner of Income-tax, Coimbatore, regarding the appellant's eligibility for tax exemption under section 10(23C) of the Act.