2025 (1) TMI 1063 - AT - Income Tax

Denial of exemption u/s 11 12 - filing of Income Tax Return belatedly - HELD THAT - Upon thoughtful consideration of the matter and granting a dispassionate hearing of the arguments as apparent that till the date of registration on 23/11/2022 the requirement of compulsory audit did not apply to the assessee appellant because the status of the trust was unregistered. So the prima facie adjustment is based on hyper technical grounds and is liable to be jettisoned. There is no cavil or doubt that the assessee trust has filed the return of income. Dur view is emboldened by the fact that section 12A(1)(b) of the Act has been amended w.e.f. 01/04/2023 by Finance Act 2023 to encompass that return of income filed u/s 139(1) or 139(4) of the Act will satisfy compliance of section 139(4A) of the Act. Amendment is a beneficial one and only clarifies the intention of the legislature. Further there is no further reason to deepdive into the non furnishing of audit report along with the return of income since the registration was granted belatedly with retrospective effect at the behest of the directions from this forum. As excruciating to note that a demand has been created on flimsy grounds as aginst the assessee which is in existence since 1965. For the sake of clarity it is clarified that the assessee trust is successful in assailing the order on twin grounds of submission of return of income as well as submissions of the audit report in tandem with the provisions for the impugned assessment year. As surprising that the CIT(A) had traversed in an altogether different route to sustain the addition which is also perverse and has been noted cryptically by this forum. We are in concurrence with the averments raised before us by the A.R. and hold that the entire addition merits full relief and hence the returned income be accepted. Appeal of assessee allowed.

1. ISSUES PRESENTED and CONSIDERED

The legal judgment presented involves several core issues:

Whether the assessee society was eligible for exemption under sections 11 and 12 of the Income Tax Act for the assessment year 2017-18, despite filing its Income Tax Return belatedly.
Whether the condition imposed by the Commissioner of Income Tax (Exemption) regarding the timely filing of the return was within jurisdiction and legally valid.
Whether the delay in submission of the Audit Report in Form 10B should be condoned, given the circumstances beyond the control of the assessee society.
Whether the assessee society complied with all conditions for availing exemption under sections 11 and 12 of the Income Tax Act.
Whether the income of the trust was exempt under section 10(23C)(iiiab) as a purely educational institution receiving government grants.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Eligibility for Exemption under Sections 11 and 12

Relevant Legal Framework and Precedents: The case revolves around sections 11 and 12 of the Income Tax Act, which provide exemptions for income derived from property held under trust for charitable or religious purposes. The requirement for filing returns within the prescribed time is a critical condition for availing these exemptions.
Court's Interpretation and Reasoning: The court noted that the amendment to section 12A regarding the filing of returns within the prescribed time was effective from the assessment year 2018-19, not 2017-18. Therefore, the belated filing of the return for the assessment year 2017-18 should not disqualify the assessee from exemptions.
Key Evidence and Findings: The assessee had filed the return on 30/03/2018, which was within the deadline under section 139(4) of the Act.
Application of Law to Facts: The court applied the law as it stood for the assessment year 2017-18, determining that the belated filing did not affect the eligibility for exemption.
Treatment of Competing Arguments: The Revenue argued for denial of exemptions due to belated filing, but the court found this argument unpersuasive given the applicable legal framework for the relevant assessment year.
Conclusions: The court concluded that the assessee was eligible for exemption under sections 11 and 12 for the assessment year 2017-18.

Issue 2: Jurisdiction of Commissioner of Income Tax (Exemption)

Relevant Legal Framework and Precedents: The jurisdiction of the Commissioner of Income Tax (Exemption) is defined by the Income Tax Act, particularly in relation to the conditions imposed for granting exemptions.
Court's Interpretation and Reasoning: The court found that the condition regarding timely filing imposed by the Commissioner was not applicable for the assessment year 2017-18, as the relevant amendment was not in effect.
Key Evidence and Findings: The court considered the timing of the amendments and the conditions imposed by the Commissioner.
Application of Law to Facts: The court determined that the condition imposed was beyond the jurisdiction of the Commissioner for the relevant assessment year.
Treatment of Competing Arguments: The court dismissed the Revenue's reliance on the condition as it was not applicable for the assessment year in question.
Conclusions: The court concluded that the condition imposed by the Commissioner was without jurisdiction for the assessment year 2017-18.

Issue 3: Delay in Submission of Audit Report in Form 10B

Relevant Legal Framework and Precedents: The requirement for filing an audit report in Form 10B is outlined in section 12A(b) of the Income Tax Act. The Central Board of Direct Taxes (CBDT) has issued circulars treating this requirement as directory rather than mandatory.
Court's Interpretation and Reasoning: The court referred to precedents and CBDT circulars, which allow for condonation of delay in filing the audit report if there are reasonable grounds.
Key Evidence and Findings: The delay was due to the late grant of registration, which was beyond the control of the assessee.
Application of Law to Facts: The court applied the principle of supervening impossibility, determining that the delay should be condoned.
Treatment of Competing Arguments: The Revenue's argument against condonation was dismissed based on the directory nature of the requirement.
Conclusions: The court condoned the delay in filing the audit report, allowing the exemption under sections 11 and 12.

Issue 4: Compliance with Conditions for Exemption

Relevant Legal Framework and Precedents: Compliance with sections 11 and 12 requires adherence to conditions set forth in section 12A, including registration and filing requirements.
Court's Interpretation and Reasoning: The court found that the assessee had substantially complied with the conditions, given the retrospective registration and the directory nature of the audit report requirement.
Key Evidence and Findings: The court noted the retrospective registration and the steps taken by the assessee to comply with the conditions.
Application of Law to Facts: The court applied the law to the facts, determining that the assessee had met the necessary conditions for exemption.
Treatment of Competing Arguments: The court dismissed the Revenue's arguments regarding non-compliance, given the retrospective registration and the procedural nature of the requirements.
Conclusions: The court concluded that the assessee complied with the conditions for exemption under sections 11 and 12.

3. SIGNIFICANT HOLDINGS

Preserve verbatim quotes of crucial legal reasoning:

"The requirement of audit for the assessment year 2017-18 cannot be thrust upon the trust because the same was unregistered at that time. So, abiding by the concept of supervening impossibility, as the requirement of audit was not binding while seeking registration, she prayed that the adjustments made in the intimation may be set aside."

Core principles established:

The requirement for filing returns within the prescribed time under section 12A is applicable from the assessment year 2018-19, not retroactively.
The filing of an audit report in Form 10B is directory, and delays can be condoned if there are reasonable grounds.
Retrospective registration under section 12AA allows for compliance with conditions for exemption under sections 11 and 12.

Final determinations on each issue:

The assessee is eligible for exemption under sections 11 and 12 for the assessment year 2017-18.
The condition imposed by the Commissioner regarding timely filing was without jurisdiction for the assessment year 2017-18.
The delay in submission of the audit report is condoned.
The assessee complied with all necessary conditions for exemption.

In conclusion, the appeal filed by the assessee was allowed, with the court granting full relief on the grounds of eligibility for exemption, jurisdiction of conditions imposed, and compliance with procedural requirements.

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