2018 (7) TMI 2275 - HC - Income Tax

Exemption u/s 11 - registration u/s 12A Cancelled - reason for which this cancellation order was passed was that the activities of the assessee-Trust were not genuine and were not being carried out in accordance with the objects of the Trust - HELD THAT - As of now, the assessee s registration under section 12A of the Act stands. The present appeal relates to assessment year 2010-11. AO has added the excess of income over expenditure for the purpose of taxing the same under the Act. In the assessment order, which was passed on 25th March, 2013, he has referred to the decision of the Income Tax Appellate Tribunal. The Appellate Tribunal restored the registration of the Trust. But he undertook this exercise of adding the income for taxing on the ground that the appeal against the Appellate Tribunal s order was pending before this Court. Fact remains, however, that prior to the date of the assessment order, the appeal of the revenue stood dismissed. There is no other pending appeal which has been brought to our notice at the time of hearing. The assessee s appeal before the Commissioner was allowed on the ground that the Tribunal had restored the registration. On the very same ground, the Tribunal sustained the assessee s case in appeal preferred by the revenue. Now, the revenue has approached us again with this appeal. The point of law involved in this appeal stands covered by the decision of the co-ordinate Bench in confirming the Tribunal s decision restoring registration of the assessee.

Issues:
1. Cancellation of registration of a Trust under section 12AA(3) of the Income Tax Act, 1961.
2. Appeal against the cancellation order before the Income Tax Appellate Tribunal.
3. Restoration of registration to the assessee-Trust by the Tribunal.
4. Addition of excess income over expenditure by the Assessing Officer for taxation.
5. Dismissal of the revenue's appeal against the Tribunal's decision.
6. Legal grounds for taxing the income despite restoration of registration.
7. Point of law involved in the appeal before the High Court.

Analysis:
1. The respondent-assessee, a Trust registered under section 12A of the Income Tax Act, had its registration cancelled by the Commissioner under section 12AA(3) due to alleged non-genuine activities not aligned with the Trust's objectives.
2. The assessee appealed this cancellation before the Income Tax Appellate Tribunal, which set aside the Commissioner's order and reinstated the registration granted under section 12A.
3. The revenue's subsequent appeal against the Tribunal's decision was dismissed by a co-ordinate Bench, confirming the restoration of the assessee's registration.
4. Despite the restoration of registration, the Assessing Officer added the excess of income over expenditure for taxation in the assessment order, citing a pending appeal before the High Court.
5. However, it was clarified that the revenue's appeal had already been dismissed before the assessment order, with no other pending appeals noted during the hearing.
6. The assessee's appeal before the Commissioner and the Tribunal was allowed based on the restoration of registration, leading to the revenue's appeal to the High Court on the same grounds.
7. The High Court found no legal point involved in the appeal, as the issue was covered by the co-ordinate Bench's decision affirming the Tribunal's restoration of the assessee's registration, resulting in the dismissal of the appeal and the stay petition.

This detailed analysis of the judgment highlights the procedural history, legal arguments, and outcomes of the case involving the cancellation and restoration of a Trust's registration under the Income Tax Act, culminating in the High Court's decision based on established legal principles and precedents.

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