2015 (7) TMI 1155 - AT - Income Tax

Eligibility of exemption u/s 11 - claim denied as assessee society is directly hit by the amended proviso of section 2(15) - Object of Trust - charitable activity - Held that - Consistent with the view taken in Divya Yog Mandir Trust Versus Joint Commissioner of Income-tax 2013 (10) TMI 211 - ITAT DELHI wherein held that any form of educational activity involving imparting of systematic training in order to develop the knowledge skill mind and character of students is to be regarded as education covered u/s 2(15) of the Act we hold that the assessee is in the field of education and hence entitled to exemption u/s 2(15) of the Act and is not hit by the proviso to section 2(15) of the Act. - Decided in favour of assessee

Summary

Issues:
1. Confirmation of addition against the returned income.
2. Legality of the order of the Ld. CIT(A).

Issue 1: Confirmation of addition against the returned income

The case involved an appeal filed by the assessee against the order of the CIT(A) confirming the addition of a specific amount against the returned income. The Assessing Officer (AO) rejected the claim of the assessee for exemption under section 11 of the Income Tax Act, citing that the society's activities were commercial in nature, falling under the fourth limb of the definition of "charitable purpose" as per section 2(15) of the Act. The AO highlighted specific receipts, such as those from yoga literature, herbal products, and yoga course fees, as commercial activities. The AO concluded that the nature of these receipts indicated non-charitable and commercial characteristics, making the society ineligible for exemption under sections 11 and 12 of the IT Act.

Issue 2: Legality of the order of the Ld. CIT(A)

On appeal, the first appellate authority considered the argument that the society was involved in running yoga centers for the public benefit, classifying it under the "advancement of any other object of general public utility." The appellate authority upheld the AO's decision, finding the society's activities falling under the proviso of the last limb of Section 2(15), which pertains to the advancement of general public utility. However, the ITAT Delhi, in a similar case involving Divya Yog Mandir Trust, held that activities like conducting yoga classes systematically could be considered as "imparting education," which is a charitable object under section 2(15) of the Act. The ITAT Delhi concluded that the appellant's activities were not impacted by the proviso inserted in the definition of charitable purpose. Therefore, the ITAT Delhi allowed the appeal of the assessee, holding that the society was engaged in educational activities and entitled to exemption under section 2(15) of the Act, thereby overturning the CIT(A)'s order.

In conclusion, the ITAT Delhi ruled in favor of the assessee, allowing the appeal and holding that the society's activities fell within the scope of education, making it eligible for exemption under the Income Tax Act. The judgment highlighted the importance of interpreting activities like yoga training as educational endeavors under the charitable purpose provisions of the Act.