9911796707
|
Home
Issues Involved:
1. Exemption under section 11 despite no order under section 12A(a). 2. Exemption under section 11 despite the organization being banned under section 6 of the Unlawful Activities (Prevention) Act, 1967. 3. Compliance with section 12A(b) regarding filing audited accounts and audit report. 4. Classification of the organization as charitable or communal. Detailed Analysis: Issue 1: Exemption under section 11 despite no order under section 12A(a) The primary ground raised by the revenue was the CIT(A)'s alleged error in allowing exemption under section 11 despite no order under section 12A(a) being passed. The Tribunal noted that the assessee had applied for registration in 1973, and there was no refusal of the application. The Tribunal had previously ruled that the assessee fulfilled the requirements of section 12A(a) by applying for registration, and thus, exemption under section 11 could not be denied on this ground. The Tribunal upheld the CIT(A)'s decision, relying on its earlier orders, and concluded that the benefit of section 11 could not be denied based on the non-disposal of the registration application. Issue 2: Exemption under section 11 despite the organization being banned under section 6 of the Unlawful Activities (Prevention) Act, 1967 The additional ground raised by the revenue concerned the organization's ban under section 6 of the Unlawful Activities (Prevention) Act, 1967, and its impact on the exemption under section 11. The Tribunal observed that the ban was effective from 10-12-1992, whereas the previous year under consideration was from 1-4-1992 to 9-12-1992. Since the ban did not apply during this period, the Tribunal held that the question of denying the benefit of section 11 did not arise. The Tribunal also noted that the Unlawful Activities (Prevention) Tribunal had initially approved the ban but later canceled it. The Tribunal concluded that the respondent was entitled to the benefit of section 11 for the relevant period. Issue 3: Compliance with section 12A(b) regarding filing audited accounts and audit report The AO had denied the benefit of section 11 on the grounds that the organization had not fulfilled the conditions under section 12A(b) by not furnishing audited accounts or the audit report in Form No. 10B. The Tribunal noted that the books of account were seized and released only in late 1994, causing delays in filing the return and audited accounts. The CIT(A) had accepted the delayed filing of audited accounts and the audit report due to valid reasons and concluded that the entire receipts and corpus fund could not be taxed. The Tribunal upheld the CIT(A)'s decision, noting that the audit report was eventually filed, and the organization had been consistently recognized as charitable in the past. Issue 4: Classification of the organization as charitable or communal The AO had also denied the benefit of section 11, classifying the organization as communal rather than charitable. The Tribunal noted that the organization's charitable status had been accepted up to the Tribunal level in previous years. The Tribunal also observed that the involvement of the organization's leaders in the demolition of the Babri Masjid was sub-judice, and the organization could not be held responsible for the actions of some of its members. The Tribunal concluded that the organization was entitled to the benefit of section 11, as its charitable status had been consistently recognized in preceding and succeeding assessment years. Conclusion: The Tribunal dismissed the revenue's appeal, upholding the CIT(A)'s decision to allow the benefit of section 11 to the organization. The Tribunal concluded that the organization was entitled to the exemption under section 11, as it had applied for registration, the ban did not apply during the relevant period, the delayed filing of audited accounts was justified, and its charitable status had been consistently recognized.
|
