2021 (11) TMI 90 - AT - Income Tax

Withdrawal of exemption as provided u/s. 12A - assessment was reopened on solitary ground that the registration u/s. 12AA of the Act as granted to the assessee was cancelled since inception - HELD THAT - Tribunal in own case 2021 (6) TMI 621 - ITAT DELHI was pleased to set-aside the impugned order whereby the registration of the assessee trust u/s.12AA of the Act was cancelled since inception, however, the Tribunal restored the Registration granted u/s. 12AA. Revenue could not controvert the fact that the sole ground of re-opening of assessment was that the Registration granted u/s. 12A of the Act had been cancelled since inception, therefore, the assessee was not eligible for the benefit of sections 11 12 of the Act. Under the undisputed fact that the basis of reopening of the assessment now no more exists - assessment framed on the basis of such ground cannot be sustained. We, therefore, set-aside the assessment order and direct the AO to delete the addition and grant benefit of exemption as provided under law. The grounds raised in the present appeal are allowed in terms indicated hereinabove. - Decided in favour of assessee.

Summary

Issues:
Appeals against separate orders of Ld. CIT(A) for Assessment Years 2005-06 and 2006-07 - Reopening of assessment based on cancellation of registration u/s. 12A - Validity of cancellation of registration - Benefit of exemption u/s. 10(23C)(iiiae) - Assessment framed on cancelled registration basis - Appeal for deletion of addition and grant of exemption.

Analysis:

Issue 1: Reopening of Assessment for AY 2005-06
The assessee appealed against the order of Ld. CIT(A) for AY 2005-06, challenging the reopening of assessment based on the cancellation of registration u/s. 12A. The Assessing Officer had reopened the assessment due to the cancellation of registration since inception. The assessee contended that the registration was restored by the Tribunal in a separate case. The Tribunal found that the sole ground for reopening the assessment was the cancelled registration, which no longer existed after the Tribunal restored the registration. Consequently, the assessment framed on this basis could not be sustained. The Tribunal directed the Assessing Officer to delete the addition and grant the benefit of exemption under the law.

Issue 2: Reopening of Assessment for AY 2006-07
The appeal for AY 2006-07 mirrored the grounds and facts of the AY 2005-06 case. The representatives presented similar arguments as in the previous appeal. Since there were no changes in the facts and circumstances, the Tribunal allowed the grounds raised in this appeal as well. The Tribunal applied the findings from the AY 2005-06 case to the AY 2006-07 case, allowing the grounds raised by the assessee.

In conclusion, both appeals filed by the assessee were allowed by the Tribunal, emphasizing the invalidity of the assessment based on the cancelled registration u/s. 12A and directing the deletion of additions and granting of exemptions. The orders were pronounced on 25th October 2021.