2014 (7) TMI 1168 - AT - Income Tax

Entitlement to exemption u/s 11 - Held that - The order granting registration u/s 12A read with section 12AA(1)(v) of the Act on 3rd September,2004 w.e.f. 01/04/2003 is in force. As the registration u/s 12A is in force, the AO is directed to compute the income by granting exemption u/s 11 to the assessee.

Summary

Issues:
1. Validity of orders passed by the Asstt. Director of Income Tax under section 143(3)
2. Treatment of corpus donations as income under section 2(24)
3. Disallowance of depreciation claim
4. Rejection of exemption under section 11A

Analysis:

1. Validity of orders passed by the Asstt. Director of Income Tax under section 143(3):
The appeal was filed against the order of the CIT(Appeals) upholding the orders of the Asstt. Director of Income Tax under section 143(3). The Tribunal noted that the assessee was granted registration under section 12AA of the Act, but the Asstt. Director cancelled the registration based on withdrawal of registration under section 12AA. However, the Tribunal in an earlier order set aside the cancellation of registration and directed a fresh decision. As the registration under section 12A was still valid, the Tribunal set aside the order of the Assessing Officer and directed a fresh adjudication in accordance with the law, allowing the exemption under section 11 to the assessee.

2. Treatment of corpus donations as income under section 2(24):
The Asstt. Director treated the entire corpus donations received during the year as income under section 2(24) based on the withdrawal of registration under sections 11 and 12. The Tribunal found this treatment to be incorrect and based on a wrong interpretation of findings. The CIT(A) also confirmed this treatment. However, as the registration under section 12A was still valid, the Tribunal directed the Assessing Officer to compute the income by granting exemption under section 11 to the assessee.

3. Disallowance of depreciation claim:
The assessee contended that the CIT(A) erred in law and on facts by not allowing the depreciation claim. However, the Tribunal did not provide detailed analysis or findings regarding this issue in the judgment.

4. Rejection of exemption under section 11A:
The Assessing Officer computed the income of the assessee as an AOP and rejected the claim for exemption under section 11. The First Appellate Authority confirmed this decision. The assessee appealed this rejection, and the Tribunal, considering the validity of the registration under section 12A, set aside the order of the Assessing Officer and directed a fresh adjudication, granting exemption under section 11 to the assessee.

In conclusion, the Tribunal allowed the appeal of the assessee for statistical purposes, setting aside the orders of the Assessing Officer and the CIT(A) and directing a fresh adjudication based on the validity of registration under section 12A and granting exemption under section 11.