2025 (3) TMI 641 - AT - Income Tax

Exemption u/s 11 - cancellation of its registration u/s 12A during the relevant assessment year - HELD THAT - The assessee had filed the return of income u/s 139(1) one as per extended date on 31.01.2021. The second application for registration under section 12A in Form No. 10A was filed by the assessee -trust under amended law on 08.10.2021. The order of registration u/s 12A(1)(ac)(i) of the Act granting registration u/s 12A to the assessee- trust from assessment year 2022-23 to A.Y. 2026-27 was granted on 15.10.2021. The assessment order u/s 143(3) of the Act (impugned order) was framed by the assessing officer on 09.09.2022 and on this date the registration of the trust was effective (in-force). Hence we note that the registration was effective at all the times therefore we are of the view that the assessee-trust is eligible to take the exemption under Sections 10 11 12 of the Act. On merit we note that before AO as well as before Ld. CIT(A) the assessee has not submitted the sufficient evidences to prove its claim. Therefore we are of the view that the matter may be remitted back to the file of the AO for limited purpose to examine the receipts of the assessee for the purpose of claiming exemption Sections 10 11 12 of the Act. We make it clear that since we have already taken the view that assessee- trust is eligible to take the exemption u/s 10 11 12 of the Act in the assessment year 2020 21 under consideration. Aappeal filed by the assessee is allowed for statistical purpose.

Summary

ISSUES PRESENTED and CONSIDERED

The core legal issues considered in this judgment are:

• Whether the assessee-trust is entitled to claim exemption under Sections 11 and 12 of the Income Tax Act, 1961, despite the cancellation of its registration under Section 12A during the relevant assessment year.
• Whether the addition of Rs. 23,98,804/- as unexplained money under Section 69A of the Act by the Assessing Officer was justified.
• Whether the assessee-trust should be taxed on its net income rather than gross receipts.

ISSUE-WISE DETAILED ANALYSIS

1. Entitlement to Exemption under Sections 11 and 12

• Legal Framework and Precedents: The relevant provisions include Sections 11, 12, 12A, and 12AA of the Income Tax Act, 1961. The Circular No. 01/2015 issued by the CBDT and the second proviso to sub-section (2) of Section 12A (prior to its omission) were also considered.
• Court's Interpretation and Reasoning: The Tribunal noted that the assessee had obtained registration under Section 12A effective from a future date. The Tribunal relied on the CBDT Circular No. 01/2015, which allows for the benefit of Sections 11 and 12 to apply to pending assessments if registration is subsequently granted.
• Key Evidence and Findings: The Tribunal highlighted that the registration was effective at the time of the assessment order, thus entitling the assessee to claim exemptions under Sections 11 and 12.
• Application of Law to Facts: The Tribunal applied the provisions of the Circular and the omitted proviso to Section 12A to conclude that the assessee was eligible for the exemptions.
• Treatment of Competing Arguments: The Tribunal dismissed the Revenue's argument that the registration was not applicable for the relevant year, noting the binding nature of the CBDT Circular.
• Conclusions: The Tribunal concluded that the assessee-trust was entitled to claim exemptions under Sections 11 and 12 for the assessment year in question.

2. Addition as Unexplained Money under Section 69A

• Legal Framework and Precedents: Section 69A of the Income Tax Act, 1961, deals with unexplained money, requiring the assessee to substantiate the source of income.
• Court's Interpretation and Reasoning: The Tribunal noted that the assessee had not provided sufficient evidence to support the source of the receipts totaling Rs. 23,98,804/-.
• Key Evidence and Findings: The Tribunal observed that the assessee failed to produce documentary evidence to substantiate the source and nature of the receipts.
• Application of Law to Facts: The Tribunal held that the matter should be remitted back to the Assessing Officer to examine the receipts in light of Sections 10, 11, and 12.
• Treatment of Competing Arguments: The Tribunal acknowledged the Revenue's concerns about the lack of evidence but emphasized the need for further examination.
• Conclusions: The Tribunal remitted the issue back to the Assessing Officer for a limited examination of the receipts.

3. Taxation on Net Income vs. Gross Receipts

• Legal Framework and Precedents: The discussion centered around the appropriate basis for taxation, considering the exemptions under Sections 11 and 12.
• Court's Interpretation and Reasoning: The Tribunal did not provide a detailed analysis on this point, as the primary focus was on the eligibility for exemptions and the unexplained money addition.
• Key Evidence and Findings: The Tribunal did not specifically address evidence relating to net income versus gross receipts.
• Application of Law to Facts: The Tribunal's decision to remit the case back to the Assessing Officer implicitly acknowledged the need to consider the correct basis for taxation.
• Treatment of Competing Arguments: The Tribunal did not explicitly address competing arguments on this issue.
• Conclusions: The Tribunal's remand for further examination implicitly includes consideration of the appropriate basis for taxation.

SIGNIFICANT HOLDINGS

• Core Principles Established: The Tribunal reinforced the principle that subsequent registration under Section 12A can apply to pending assessments, allowing for exemptions under Sections 11 and 12.
• Final Determinations on Each Issue: The Tribunal allowed the appeal for statistical purposes, directing the Assessing Officer to re-examine the receipts in light of the exemptions under Sections 10, 11, and 12.
• Verbatim Quotes of Crucial Legal Reasoning: "In order to provide relief to such trusts and remove hardship in genuine cases, section 12A of the Income-tax Act has been amended to provide that in a case where a trust or institution has been granted registration under section 12AA of the Income-tax Act, the benefit of sections 11 and 12 of the said Act shall be available in respect of any income derived from property held under trust in any assessment proceeding for an earlier assessment year which is pending before the Assessing Officer as on the date of such registration."