Invalid Reopening of Tax Assessments for 2009-14; Orders Quashed, Appeals Allowed

M/s. Karnataka State Students Welfare Fund Shishak Sadan Versus ITO (Exemptions) Ward-1 Bangalore

M/s. Karnataka State Students Welfare Fund Shishak Sadan Versus ITO (Exemptions) Ward-1 Bangalore - TMI Issues Involved:
1. Validity of reopening of assessment under Section 148 of the Income Tax Act.
2. Application of the second proviso to Section 12A(2) of the Income Tax Act.
3. Taxability of surplus income in the absence of registration under Section 12AA for prior years.

Detailed Analysis:

1. Validity of Reopening of Assessment under Section 148 of the Income Tax Act:

The assessee challenged the reopening of assessments for the years 2009-10 to 2013-14. The Assessing Officer (AO) issued notices under Section 148 on 30-09-2015, citing that the assessee had accumulated taxable surplus without filing returns or having registration under Section 12AA for those years. The AO argued that the second proviso to Section 12A(2) did not apply as it was effective from 01-10-2014, after the assessee had been granted registration on 23-09-2014. The Tribunal disagreed, stating that the law applicable at the time of issuing the notice should be considered, and the Rajasthan High Court had held that the provisos to Section 12A(2) were declaratory and retrospective. Thus, the reopening of assessments was deemed invalid.

2. Application of the Second Proviso to Section 12A(2) of the Income Tax Act:

The second proviso to Section 12A(2) bars the AO from taking action under Section 147 solely due to non-registration of the trust for prior years. The Tribunal noted that the AO reopened the assessments only because the assessee lacked registration under Section 12AA for the years in question. The Tribunal emphasized that the provisos inserted by the Finance Act 2014 were intended to provide relief to charitable organizations and should be applied retrospectively. The Tribunal referenced multiple cases, including CIT vs. Shree Shyam Mandir Committee, where the courts held that these provisos should be applied retrospectively to prevent hardship to charitable organizations.

3. Taxability of Surplus Income in the Absence of Registration under Section 12AA for Prior Years:

The AO aimed to tax the surplus income of the assessee for the years 2009-10 to 2013-14 as an Association of Persons (AOP) due to the absence of registration under Section 12AA. The Tribunal found this approach contrary to the second proviso to Section 12A(2), which prevents reopening assessments solely based on non-registration. The Tribunal highlighted that the assessee's registration was effective from AY 2014-15, and the surplus income for prior years should not be taxed merely due to non-registration. The Tribunal quashed the orders of the tax authorities for all the years under consideration, deeming the reopening of assessments as bad in law.

Conclusion:

The Tribunal concluded that the reopening of assessments for the years 2009-10 to 2013-14 was invalid as it violated the second proviso to Section 12A(2) of the Income Tax Act. The Tribunal quashed the orders of the tax authorities and allowed the appeals of the assessee, rendering the issues urged on merits unnecessary for adjudication. The judgment emphasized the retrospective application of the provisos to Section 12A(2) to prevent undue hardship to charitable organizations.