2014 (1) TMI 1310 - AT - Income Tax

Ex-parte judgement passed without serving of notice Disallowance of Deduction u/s 10(23C) of the Act Society registered for imparting education Held that - The assessee is a society established for the purpose of imparting education and not for the profit motive - it is clear from the constitution of the society, that the assessee society was running a B.Ed. college under the name and style of Aditya College of Education at Warehouse Road, Ch. Dadri, Distt. Bhiwani - The college was provisionally affiliated with Maharshi Dayanand University, Rohtak - The provisional affiliation of the college was withdrawn by the University and the college was not allowed admission for the B.Ed course for the session 2009-10 The assessee has been condemned unheard - the assessee did not willfully absent itself before the Assessing Officer in the assessment proceedings - It could not appear before the Assessing Officer because the Society had been closed down on the withdrawal by the MD University, Rohtak of affiliation to the college run by the society it would be proper to remit back the matter Thus, the matter remitted back to the AO for fresh adjudication Decided in favour of Assessee.

Issues Involved:
1. Ex-parte best judgment assessment without proper service of notice
2. Disallowance of deduction claimed under section 10(23C) (iiiad)
3. Addition of unsecured loans
4. Addition due to non-deduction of tax at source on building rent
5. Compliance with principles of natural justice

Issue 1: Ex-parte best judgment assessment without proper service of notice

The appeal was filed against an order passed by the CIT (A) for Assessment Year 2008-09. The assessee challenged the ex-parte best judgment assessment made by the ITO due to alleged improper service of notice. The assessee contended that the notice was not properly served as the college was closed, and the notice was affixed instead of being served to the authorized representatives. The CIT (A) dismissed the appeal, stating that the Assessing Officer had given multiple opportunities for compliance, and the contention of violation of natural justice was baseless. The Tribunal observed that the assessee was condemned unheard and remitted the matter back to the Assessing Officer for a fresh assessment, emphasizing the need for adequate hearing opportunities.

Issue 2: Disallowance of deduction claimed under section 10(23C) (iiiad)

The ITO disallowed the deduction claimed by the appellant society under section 10(23C) (iiiad) of the Income Tax Act, 1961, amounting to Rs. 95,046 and Rs. 1,702,452, respectively. The CIT (A) confirmed these disallowances. The appellant argued that the society was established for educational purposes, not for profit, and the gross receipts were below the specified limit for exemption. The Tribunal noted the contentions but did not delve into the merits of the deduction disallowance due to the primary issue of improper assessment proceedings.

Issue 3: Addition of unsecured loans

The ITO made an addition of Rs. 1,313,806 on account of unsecured loans taken by the appellant society. This addition was confirmed by the CIT (A). The appellant provided a list of loan creditors with confirmations and argued that the loans were taken for running the educational course. However, the Tribunal did not address this issue in detail due to the primary issue of procedural irregularities in assessment.

Issue 4: Addition due to non-deduction of tax at source on building rent

The ITO added Rs. 187,000 on account of non-deduction of tax at source on building rent. This addition was also confirmed by the CIT (A). The appellant did not provide substantial arguments on this specific issue, and the Tribunal did not delve into the merits of this addition due to the procedural irregularities in the assessment process.

Issue 5: Compliance with principles of natural justice

The Tribunal emphasized the importance of principles of natural justice and fair hearing in the assessment process. It noted that the appellant was condemned unheard due to the closure of the society after the withdrawal of the college's affiliation. The Tribunal remitted the matter back to the Assessing Officer for a fresh assessment, emphasizing the need for affording adequate hearing opportunities to the assessee. The Tribunal treated the appeal as allowed for statistical purposes.

This detailed analysis of the judgment highlights the procedural irregularities in the assessment process and the significance of affording fair hearing opportunities to the assessee in line with principles of natural justice.

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