2026 (2) TMI 93 - HC - Income Tax

Income tax exemption for charitable activity affirmed, HC upholds ITAT and applies precedent resulting in relief for assessee

Exemption under the income tax law was upheld because the assessee's activities were held to qualify as charitable under the legal definition of ... Exemption u/s 11 - Charitable activity u/s 2(15) - HELD THAT:- We decide the present set of appeals on the aforesaid question(s) of law as decided by this Court in Jaipur Development Authority [2024 (8) TMI 558 - RAJASTHAN HIGH COURT] and hold that the Income Tax Appellate Tribunal has rightly granted exemption u/s 11 of the Act by holding that the activities of the assessee are charitable in nature and therefore, consequential exemption was required to be granted on the benefits. The law as laid down in the case of Ahmedabad Urban Development Authority [2022 (10) TMI 948 - SUPREME COURT] would apply mutatis mutandis in the present cases. Decided in favour of the assessee. Issues: (i) Whether the activities of the assessee qualify as charitable and exemption under Section 11 of the Income-tax Act, 1961 was rightly granted by the ITAT; (ii) Whether consequential reliefs including treatment under Section 11(2) and related provisions follow once exemption under Section 11 is held to apply.Issue (i): Whether the activities of the assessee are charitable in nature for the purpose of grant of exemption under Section 11 of the Income-tax Act, 1961.Analysis: The question was considered in light of the Supreme Court decision in Assistant Commissioner of Income Tax (Exemption) vs. Ahmedabad Urban Development Authority and this Court's earlier decision in D.B. Income Tax Appeal No. 218/2017. The appeals were remanded for fresh consideration; on re-examination the legal tests and reasoning in the cited Supreme Court authority were applied to the facts of these appeals, and the ITAT's grant of exemption under Section 11 was reviewed accordingly. The Court held that the legal principle in the Ahmedabad Urban Development Authority decision applies mutatis mutandis.Conclusion: Issue (i) is decided in favour of the assessee; the ITAT correctly granted exemption under Section 11.Issue (ii): Whether consequential reliefs, including treatment under Section 11(2) and related provisions, follow from the holding that activities are charitable and eligible for exemption under Section 11.Analysis: Having answered the primary question in favour of the assessee, the consequential questions regarding taxation under Section 11(3) and set apart amounts under Section 11(2) were addressed as consequential to the primary holding. Prior adjudications and the application of the Supreme Court precedent were applied to determine that consequential exemptions and adjustments were warranted.Conclusion: Issue (ii) is decided in favour of the assessee; consequential exemptions and related reliefs follow from the primary determination that the activities are charitable.Final Conclusion: The appeals are disposed of by affirming the ITAT's grant of exemption under Section 11 and by applying the relevant Supreme Court precedent; consequential tax treatment follows therefrom, resulting in dismissal of the appeals filed by the revenue.Ratio Decidendi: Where, applying the governing Supreme Court authority, the activities of a development authority qualify as charitable, exemption under Section 11 of the Income-tax Act, 1961 must be granted and any consequential tax disallowances or additions inconsistent with that exemption cannot be sustained.