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2015 (5) TMI 1155 - AT - Income TaxReopening of assessment - Held that - CIT(Appeals) noted in the impugned order that detailed analysis of the case have been made by the Assessing Officer which were put up before higher authorities for approval of the re-assessment of the case. CIT(Appeals) also noted that the Additional CIT after examining the record has duly approved the re-opening of the assessment by noting It is a fit case for issue of notice under section 148 . Therefore proper mind had been applied by the authorities below for giving sanction for re-opening of the assessment. Considering the facts of the case in the light of the above discussion and the fact that assessee has failed to rebut the finding of facts recorded by the authorities below we do not find any justification to interfere with the order of CIT(Appeals) on these issues. Ground Nos. 5 10.47 Crores cannot be allowed because assessee has failed to explain nature of the business expenditure before the authorities below. Even before us no details have been furnished. Therefore in the absence of any details or evidences we do not find any justification to interfere with the orders of the authorities below. This ground of appeal of the assessee is accordingly dismissed.
Issues Involved:
1. Illegal assessment order by the Assessing Officer. 2. Disallowance of claims under section 11 despite registration under section 12AA. 3. Determination of activities as for-profit and not charitable. 4. Status of the assessee as Artificial Juridical Person vs. AOP (Trust). 5. Reopening of assessment under section 147. 6. Approval for issuance of notice under section 147 by JCIT. 7. Disallowance of expenditure in the nature of business expenses. Detailed Analysis: 1. Illegal Assessment Order by the Assessing Officer: The assessee argued that the assessment order passed by the Assessing Officer was illegal. However, the Tribunal found no merit in this argument, dismissing the ground on the basis that the Assessing Officer had followed due process and the assessee failed to substantiate claims of illegality. 2. Disallowance of Claims Under Section 11 Despite Registration Under Section 12AA: The assessee contended that the disallowance under section 11 ignored the valid registration under section 12AA. The Tribunal upheld the disallowance, noting that despite the registration, the activities of the assessee were not charitable. The Tribunal emphasized that the assessee was involved in commercial activities, earning substantial profits, and thus did not qualify for exemption under section 11. 3. Determination of Activities as For-Profit and Not Charitable: The Tribunal examined the nature of the assessee's activities, which included the sale of residential and commercial plots, often through auctions, and earning significant profits. The Tribunal concluded that these activities were commercial in nature and did not fall under "advancement of any other object of general public utility" as defined under section 2(15) of the Act. The Tribunal referenced similar cases, such as PUDA, where entities engaged in similar activities were deemed non-charitable. 4. Status of the Assessee as Artificial Juridical Person vs. AOP (Trust): The Tribunal confirmed the status of the assessee as an Artificial Juridical Person rather than an AOP (Trust). This decision was consistent with previous rulings for similar entities, such as the Patiala Improvement Trust, where the status was upheld as an Artificial Juridical Person due to the nature of their activities and organizational structure. 5. Reopening of Assessment Under Section 147: The assessee challenged the reopening of the assessment under section 147, arguing that it was based on retrospective application of amendments. The Tribunal found that the Assessing Officer had valid reasons to believe that income had escaped assessment based on findings from subsequent years. The Tribunal cited the Supreme Court's decision in ACIT v. Rajesh Jhaweri Stock Progress Pvt. Ltd., which supported the reopening of assessments if there was relevant material indicating income escapement. 6. Approval for Issuance of Notice Under Section 147 by JCIT: The assessee argued that the JCIT's approval for issuing notice under section 147 was mechanical and lacked application of mind. The Tribunal dismissed this argument, noting that the JCIT had duly considered the detailed analysis provided by the Assessing Officer before granting approval. The Tribunal referenced case law to support the validity of the approval process. 7. Disallowance of Expenditure in the Nature of Business Expenses: For the assessment year 2011-12, the assessee argued for the allowance of expenditure amounting to Rs. 22.27 crores as business expenses. The Tribunal upheld the disallowance, noting that the assessee failed to provide sufficient details or evidence to substantiate the nature of the expenditure. The Tribunal emphasized that the expenditure was not related to the business activities of the assessee and thus could not be allowed. Conclusion: The Tribunal dismissed all the appeals filed by the assessee, upholding the orders of the CIT(Appeals) and the Assessing Officer. The Tribunal found that the assessee's activities were commercial in nature, not charitable, and thus did not qualify for exemptions under section 11. The reopening of assessments and the status of the assessee as an Artificial Juridical Person were also upheld. The disallowance of expenditures was confirmed due to the lack of evidence supporting their business nature.
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