2022 (7) TMI 1043 - AT - Income Tax

Exemption u/s 11 - registration u/s 12A Cancelled - as submitted assessee had been carrying on charitable activities by running, schools, engineering colleges and medical colleges - evidences collected during search - Appeals were allowed by Tribunal, the order of ITAT is not accepted by the Income Tax Department and the appeals against the same is filed before Hon ble High Court of Karnataka - HELD THAT - The pending of the appeal before Hon ble High Court cannot be reason to cancel the registration u/s 12A of the Act. The Tribunal is the higher forum, which has considered the entire issue and deleted various additions and decided issue in favour of assessee. The Ld. Principal CIT is bound to follow the order of the Tribunal being lower in hierarchy and he is not expected to pass such comments unless the order of the Tribunal is reversed by due process of law. The Ld. Principal CIT cannot sit in judgement over the order of Tribunal. Principal CIT considered the seized material collected by search conducted on 10.10.2019 and assessment completed on 30.9.2021. In our opinion, second search is a different proceeding that materials cannot be imported for cancellation of the registration granted u/s 12A of the Act, when the issue was restored to him by order of the Tribunal - Being so, the Principal CIT is not expected to place reliance on material gathered in second search and he cannot be considered it so as to cancel registration at this point of time. Accordingly, we restore the registration granted to the assessee w.e.f. 20.1.1992. Appeal of assessee allowed.

Summary

Issues Involved:
1. Cancellation of registration under section 12A of the Income-tax Act, 1961.
2. Validity of assessment orders and additions based on seized materials.
3. Denial of exemption under section 11 of the Act.
4. Jurisdiction of the Principal Commissioner of Income Tax (Central).
5. Allowance of depreciation and donations.

Detailed Analysis:

1. Cancellation of Registration under Section 12A:
The Principal Commissioner of Income Tax (Central), Bangalore, cancelled the registration of the assessee trust under section 12A, citing that the trust's activities were not in accordance with its objects and involved unaccounted capitation fees. The Tribunal previously set aside this cancellation and remanded the matter for re-examination. Despite this, the Principal Commissioner confirmed the cancellation, relying on findings from two searches conducted on 06.08.2015 and 10.10.2019. The Tribunal noted that the Principal Commissioner should not have relied on the second search's materials, as they were not part of the original proceedings restored to him by the Tribunal. The Tribunal restored the registration granted to the assessee effective from 20.01.1992.

2. Validity of Assessment Orders and Additions Based on Seized Materials:
The Tribunal scrutinized the assessment orders and the basis for additions made by the Assessing Officer. It was found that the seized materials, including loose sheets and digital data, lacked corroborative evidence and were not sufficient to substantiate the additions. The Tribunal emphasized that without proper cross-examination and corroborative evidence, the additions based on these materials could not be sustained. The Tribunal cited several judicial precedents to support its stance that uncorroborated notings and statements without cross-examination cannot form the basis for additions.

3. Denial of Exemption under Section 11:
The Assessing Officer denied the exemption under section 11, alleging that the trust collected unaccounted capitation fees and diverted funds for the benefit of trustees and illegal activities. The Tribunal, however, held that the evidence collected was insufficient to establish these allegations. It was noted that the trust's activities were genuine and aligned with its objects, and no concrete evidence was presented to show deviation from these objects. The Tribunal concluded that the exemption under section 11 could not be denied based on unsubstantiated allegations.

4. Jurisdiction of the Principal Commissioner of Income Tax (Central):
The assessee challenged the jurisdiction of the Principal Commissioner of Income Tax (Central) to cancel the registration, arguing that the authority to cancel the registration lies with the authority that granted it. The Tribunal agreed with the assessee, stating that the Principal Commissioner (Central) did not have the jurisdiction to cancel the registration granted by the Commissioner of Income Tax (Exemption).

5. Allowance of Depreciation and Donations:
The Tribunal addressed the issue of depreciation, allowing it for the assessment year 2010-11 based on the Supreme Court's decision that depreciation is allowable even if the cost of assets has been claimed as application of income for charitable purposes. For subsequent years, the ground was not pressed by the assessee. Regarding donations, the Tribunal allowed the claim, noting that the donations were made to registered and approved institutions and were allowable as an application of income.

Conclusion:
The Tribunal allowed the appeal filed by the assessee, restoring the registration under section 12A, quashing the additions made based on unsubstantiated seized materials, and upholding the exemption under section 11. The Tribunal also allowed the claim for depreciation and donations, emphasizing the need for corroborative evidence and proper jurisdiction in such matters.