Tax exemption denied for interest-free advance to specified person for agricultural land purchase under Section 13(1)(c)(ii)

Society for Human Transformation & Research Versus ITO Ward-2 (2), Delhi

Society for Human Transformation & Research Versus ITO Ward-2 (2), Delhi - TMI Issues Involved:
1. Confirmation of assessed income against NIL income returned.
2. Denial of exemption u/s 11 due to alleged violation u/s 13(1)(c)(ii).
3. Consideration of binding judgments by higher courts.
4. Taxation of entire income at the maximum marginal rate.
5. Legality and arbitrariness of the impugned order.

Summary:

Issue 1: Confirmation of Assessed Income
The Assessee contested the confirmation of assessed income of Rs. 74,49,530/- against NIL income returned. The Tribunal noted that the case was selected for scrutiny, and the Assessee, a registered society, had given interest-free loans/advances to a specified person, Divine Real Build Pvt. Ltd., leading to the denial of exemption u/s 11.

Issue 2: Denial of Exemption u/s 11
The Tribunal examined whether the CIT(A) was correct in confirming the denial of exemption u/s 11 due to a violation u/s 13(1)(c)(ii). The Assessing Officer (AO) had denied the exemption, citing interest-free advances to Divine Real Build Pvt. Ltd., a specified person u/s 13(3). The Assessee argued that the advances were for construction purposes and that delays in project approval led to the return of funds. The Tribunal found that the AO had concluded the advances were without consideration and interest-free, thus violating section 13(1)(c). The CIT(A) upheld this view, referencing the Delhi High Court's decision in Director of Income-tax (Exemption) vs. Charanjiv Charitable Trust, which held that any benefit to a specified person results in the loss of exemption.

Issue 3: Consideration of Binding Judgments
The Assessee claimed that the CIT(A) failed to consider binding judgments from higher courts. The Tribunal noted that the CIT(A) had referenced relevant case law, including Charanjiv Charitable Trust, which supported the denial of exemption due to the violation of section 13(1)(c).

Issue 4: Taxation at Maximum Marginal Rate
The AO taxed the entire income of Rs. 74,49,530/- at the maximum marginal rate as per section 164(2), which was confirmed by the CIT(A). The Tribunal did not find any error in this approach, given the violation of section 13(1)(c).

Issue 5: Legality and Arbitrariness of the Order
The Assessee argued that the impugned order was arbitrary and illegal. The Tribunal, however, found that the lower authorities had followed due process and legal principles in denying the exemption and taxing the income.

Remand for Fresh Adjudication:
The Tribunal admitted new documents presented by the Assessee, which were not available during the lower proceedings, and remitted the issue back to the AO for fresh adjudication in light of these documents.

Conclusion:
The Tribunal partly allowed the appeals for statistical purposes, remitting the matter to the AO for fresh consideration based on the newly admitted documents. The order was pronounced on 29th April 2024.