2010 (5) TMI 680 - AT - Income Tax

Summary

Issues Involved:
1. Validity of reopening the assessment u/s 147.
2. Whether the provisions of section 11(5) read with section 13(1)(d) were violated.

Summary:

Validity of Reopening the Assessment u/s 147:
The assessee, a charitable trust registered u/s 12A and notified u/s 10(23C)(iv), filed its IT return for AY 2001-02 declaring nil taxable income due to the exemption. The return was processed u/s 143(1)(a). On 26-5-2004, a notice u/s 148 was issued for reassessment based on the auditor's report indicating non-compliance with the prescribed pattern of investment u/s 11(5) read with section 13(1)(d). The assessee challenged this notice before the Hon'ble Bombay High Court, which directed the Assessing Officer (AO) to dispose of the objections by a speaking order. The AO rejected the objections, and the CIT(A) upheld the AO's action, stating that the AO had valid reasons to believe that income had escaped assessment. However, the Tribunal found that the AO's understanding was contrary to the legal position, as non-adherence to section 11(5) does not lead to the amount being taxed. The Tribunal noted that the reasons for reopening were recorded without proper application of mind and quashed the reassessment proceedings, citing judgments from the Hon'ble Bombay High Court and the Supreme Court emphasizing the necessity of valid reasons to believe that income had escaped assessment.

Violation of Section 11(5) read with Section 13(1)(d):
Since the reassessment proceedings were quashed, the Tribunal did not find it necessary to adjudicate on whether the provisions of section 11(5) read with section 13(1)(d) were violated, rendering this issue academic.

Conclusion:
The appeal was allowed, and the reassessment proceedings were quashed due to the lack of valid reasons for reopening the assessment.