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2022 (10) TMI 970 - AT - Income TaxExemption u/s. 11 - CIT-A justification in deleting the disallowance and allowing the grant exemption u/s. 11 - Whether CIT(A) was justified in granting relief beyond the scope of ground raised which was The AO has not considered the submission made by the AO on portal 19.12.2018 and also earlier submissions? - HELD THAT - On a careful perusal of the order of the Ld. CIT(A) and the reasons given therein, we observe that revenue is aggrieved because of Ld. CIT(A) has given relief based on the evidences submitted by the assessee. The evidences submitted were not controverted by the revenue. CIT(A) has not adjudicated the appeal on merit - We observe that Assessing Officer has not assessed the income of the assessee judicially even though assessee has filed the information somewhere on 11.07.2017. He cannot set-aside the information available with him. Hence, we do not find any infirmity in the order passed by the Ld. CIT(A) in deleting the disallowance and directing the Assessing Officer to grant exemption u/s. 11 as claimed by the assessee. Grounds raised by the revenue are dismissed.
Issues:
1. Granting exemption u/s. 11 to the assessee. 2. Disallowance of Rs. 3,24,18,913 and exemption u/s. 11. Issue 1: Granting exemption u/s. 11 to the assessee The appeal was filed by the revenue against the order of the Learned Commissioner of Income Tax (Appeals) for the A.Y. 2016-17. The assessee, a trust operating as an academy for education in the mercantile marine field, had declared a total income of Rs. NIL. The Assessing Officer proceeded to pass the Assessment Order, assessing the income at Rs. 3,03,88,470 as no reply was received during the assessment proceedings. The Ld. CIT(A), after considering the evidences and submissions of the assessee, directed the Assessing Officer to grant exemption u/s. 11 as claimed by the assessee. The revenue raised grounds questioning the justification of the Ld. CIT(A) in granting relief beyond the scope of the raised ground and deleting the disallowance of Rs. 3,24,18,913 while allowing the exemption u/s. 11 without discussing the merits of the case. Issue 2: Disallowance of Rs. 3,24,18,913 and exemption u/s. 11 During the appeal hearing, the Ld. CIT(A) considered the submissions of the assessee and the material on record. The assessee had submitted details via email and online portal, emphasizing that the Assessing Officer failed to consider the submissions made before passing the Assessment Order disallowing the exemption u/s. 11. The Ld. CIT(A) observed that the AO had not judicially assessed the income despite the information being available since 11.07.2017. The Ld. CIT(A) found the AO in error for not considering the details filed by the assessee well before the limitation date, leading to the deletion of the disallowance of Rs. 3,24,18,913 and directing the AO to grant the exemption u/s. 11 as claimed. The revenue was aggrieved as relief was granted based on uncontroversial evidence submitted by the assessee, and the Ld. CIT(A) did not adjudicate the appeal on merit. Ultimately, the Tribunal dismissed the revenue's appeal, upholding the Ld. CIT(A)'s decision. This judgment highlights the importance of proper consideration of submissions and evidence by tax authorities during assessment proceedings to ensure fair treatment for taxpayers claiming exemptions under the Income Tax Act.
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