St. Xavier‘s Education Trust v. PCIT (2023) 202 ITD 696 /226 TTJ 316 (Pune)(Trib.)

S. 10(23C) : Educational institution-Survey-Statement of trustee-No evidence to demonstrate that assessee spent income on any object other than for which it was established and thus, assessee did not commit any specified violation-Order, cancelling registration is set aside. [S. 10(23C)(vi), 131, 132(4), 133A(3)]

Assessee is  a trust running five schools, which was granted registration under section 10(23C)(vi). During course of survey under section 133A, survey party found certain expenses not properly vouched-Statement of one ‘F’, a trustee, was recorded under section 131 on date of survey, wherein, she admitted undisclosed income of Rs. 9 crore relating to trust. Thereafter, pursuant to reference made by Assessing Officer, Principal Commissioner cancelled registration by invoking clause (b)(ii) of 15th proviso to section 10(23C). On appeal the Tribunal held that it was not case of any of revenue authorities, that assessee collected any on-money from its students over and above declared fee.  Apart from deficient vouchers of certain expenses relating to salary, perquisites and bonus etc., there was no evidence to demonstrate that assessee spent income on any object other than for which it was established. There was not even an iota of indication, either in survey statement or in impugned order, that assessee earned any income from ‘profits and gains’ that was not incidental to attainment of its objectives. Even though edifice of cancellation of registration had been erected on statement of trustee recorded during course of survey action, still it did not bring case within any of ‘specified violation’. As per 15th proviso to section 10(23C) occurrence of one or more ‘specified violations’ is sine qua non for cancellation of registration. Since assessee did not commit any specified violation, impugned order, cancelling registration, is  set aside. (AY. 2019-10 to 2019-20)