9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (8) TMI 1464 - HC - Income TaxExemption u/s 11 and 12 denied - assessee was granted registration u/s 12AA for claiming exemption u/s 11 with retrospective effect from 01.04.2002, by order dated 16.06.2008 - assessee is not entitled to claim exemption, when no valid return was filed by them - as per revenue mere registration would not entitle the assessee to claim exemption under sections 11 and 12 of the Act and they have to fulfil the other re-requisite conditions stipulated thereon - HELD THAT - Section 11 provides for the incomes from the property held for charitable or religious purposes which are liable to be exempted from total income of the assessee. Section 13 on the other hand, precludes the application of section 11 in certain cases. As such, while registration is the precondition to apply section 11, the entitlement of an assessee for exemption under section 11 depends on non-disqualification under section 13 and satisfaction of conditions under section 11. Therefore, this court is of the opinion that mere registration does not guarantee exemption under section 11 and it only entitles the assessee to claim exemption and the same will be granted to them, subject to fulfilment of other prescribed conditions. The overall analysis of the provisions of law viz., sections 11, 12, 12AA and 13, would compel this court to hold that the grant of registration under section 12AA in favour of the assessee cannot ipso facto give them exemption under sections 11 and 12 and an independent examination by applying the relevant provisions of law, is required by the authorities qua satisfaction of other conditions by the assessee for grant of exemption. In view of the same, the direction given by the Tribunal to the assessing officer to grant exemption to the assessee under sections 11 and 12 of the Act, merely on the basis of the registration obtained under section 12AA, is not correct and hence, the orders passed by the Tribunal to that effect, warrant interfere by this court. Accordingly, the orders impugned herein are set aside and the matters are remitted to the Assessing Officer to consider afresh, as to the entitlement of exemption by the assessee, in the light of the provisions of sections 11, 12 and 13 of the Act and by conducting appropriate enquiry, after giving due opportunity to the assessee. Both the contentions raised on the side of the appellant / Revenue are accordingly, answered.
Issues Involved:
1. Eligibility for deduction under Sections 11 and 12 of the Income Tax Act when the claim is not made in the return of income. 2. Validity of the return filed by the assessee for claiming exemption under Sections 11 and 12 of the Income Tax Act. 3. Entitlement to exemption under Sections 11 and 12 of the Income Tax Act based on registration under Section 12AA. 4. Compliance with conditions necessary for claiming exemption under Sections 11 and 12 of the Income Tax Act. Issue-wise Detailed Analysis: 1. Eligibility for Deduction Under Sections 11 and 12: The primary issue was whether the assessee is eligible for deduction under Sections 11 and 12 of the Income Tax Act even if the claim is not made in the return of income. The Tribunal had directed the Assessing Officer to allow the deduction claimed by the assessee under Sections 11 and 12, despite the claim not being made in the return of income. The court acknowledged that the Tribunal followed its earlier order, which allowed the deduction based on the registration granted under Section 12AA with retrospective effect from 01.04.2002. However, the court emphasized that mere registration under Section 12AA does not automatically entitle the assessee to exemption under Sections 11 and 12. The assessee must satisfy other conditions stipulated in these sections. 2. Validity of the Return Filed by the Assessee: The second issue was whether the assessee's return filed beyond the period stipulated under Section 139(5) was valid for claiming exemption under Sections 11 and 12. For the assessment years 2005-06 and 2006-07, the assessee filed returns and audit reports belatedly on 28.01.2009. The Assessing Officer rejected the claim on the ground that the returns were not valid as they were filed beyond the permissible period. The Tribunal, however, held that exemption should not be denied for a technical reason alone and directed the Assessing Officer to grant exemption. The court noted that the Tribunal's decision was influenced by the order of the Director of Income Tax (Exemptions) and the earlier Tribunal order. The court also referred to a Division Bench judgment, which allowed consideration of claims not made in the original or revised returns if relevant material was available on record. 3. Entitlement to Exemption Based on Registration Under Section 12AA: The third issue was whether the assessee's registration under Section 12AA automatically entitled them to exemption under Sections 11 and 12. The court clarified that while registration under Section 12AA is a precondition for claiming exemption, it does not guarantee exemption. The assessee must also satisfy other conditions stipulated in Sections 11 and 12. The court referred to various judgments, including those from the Supreme Court and High Courts, which consistently held that registration under Section 12AA does not ipso facto grant exemption. An independent examination of the assessee's compliance with other conditions is necessary. 4. Compliance with Conditions for Claiming Exemption: The fourth issue involved whether the assessee had complied with all conditions necessary for claiming exemption under Sections 11 and 12. The court emphasized that the Assessing Officer must conduct an appropriate enquiry to determine the assessee's compliance with the conditions stipulated in Sections 11, 12, and 13. The court set aside the Tribunal's orders and remitted the matters to the Assessing Officer for fresh consideration. The Assessing Officer was directed to conduct an independent examination and pass orders within 12 weeks, ensuring due opportunity for the assessee to present their case. Conclusion: The court concluded that the Tribunal's direction to grant exemption based solely on registration under Section 12AA was incorrect. The matters were remitted to the Assessing Officer to re-evaluate the assessee's entitlement to exemption under Sections 11 and 12, considering compliance with all relevant conditions. The court also allowed the parties to agitate the issue of the validity of the revised returns before the Assessing Officer. The appeals were disposed of with no costs.
|
