Tribunal upholds disallowance of deductions & book profit computation, validates assessment reopening, and rejects jurisdictional challenge.

Tarasafe International Private Limited C/o. Dutta Properties Versus Deputy Commissioner of Income Tax Kolkata (Vice Versa)

Tarasafe International Private Limited C/o. Dutta Properties Versus Deputy Commissioner of Income Tax Kolkata (Vice Versa) - TMI Issues Involved:
1. Disallowance of deduction under section 35(1)(ii) of the Income Tax Act.
2. Computation of book profit under section 115JB.
3. Charging of interest under section 234C.
4. Reopening of assessment under section 147.
5. Jurisdictional issue regarding issuance of notice under section 143(2).

Detailed Analysis:

1. Disallowance of Deduction under Section 35(1)(ii) of the Income Tax Act:
- Facts and Arguments: The primary issue across multiple appeals was the disallowance of deductions claimed under section 35(1)(ii) for donations made to institutions like SHG&PH (School of Human Genetics and Population Health). The Assessing Officer (AO) disallowed these claims based on investigations revealing that these institutions provided bogus donation receipts in exchange for commissions. The AO confronted the assessees with evidence from surveys and statements from brokers and the recipient institutions admitting to the fraudulent activities.
- Tribunal's Findings: The Tribunal found that the donations were not genuine and were part of an organized fraud. Despite the institutions being approved at the time of donations, the subsequent revelation of fraudulent activities invalidated the claims. The Tribunal emphasized that the assessees failed to demonstrate genuine intent or past patterns of similar donations to credible institutions. The Tribunal upheld the disallowance of deductions under section 35(1)(ii).

2. Computation of Book Profit under Section 115JB:
- Facts and Arguments: In some appeals, the assessees contested the AO's computation of book profit under section 115JB, arguing that the disallowed donations should not affect the book profit calculation.
- Tribunal's Findings: The Tribunal upheld the AO's adjustments to the book profit calculations, aligning with the disallowance of the deductions under section 35(1)(ii). The Tribunal found no merit in the assessees' arguments against the computation adjustments.

3. Charging of Interest under Section 234C:
- Facts and Arguments: The assessees also contested the charging of interest under section 234C, which pertains to interest for deferment of advance tax.
- Tribunal's Findings: The Tribunal upheld the AO's decision to charge interest under section 234C, as it was a consequence of the disallowed deductions and the resultant increase in taxable income.

4. Reopening of Assessment under Section 147:
- Facts and Arguments: In some cases, the assessees challenged the reopening of assessments under section 147, arguing that the AO did not have sufficient reason to believe that income had escaped assessment.
- Tribunal's Findings: The Tribunal found that the AO had sufficient material, including information from the Director of Investigation and statements from involved parties, to justify the reopening of assessments. The Tribunal upheld the validity of the reopening under section 147.

5. Jurisdictional Issue Regarding Issuance of Notice under Section 143(2):
- Facts and Arguments: In the case of Tarasafe International Pvt. Limited, the assessee raised an additional ground challenging the jurisdiction of the ITO to issue a notice under section 143(2), arguing that it should have been issued by a higher authority as per CBDT instructions.
- Tribunal's Findings: The Tribunal rejected this ground, clarifying that the selection of cases for scrutiny is done through a computerized system (CASS) and the initial notice by the ITO was valid. The subsequent assessment by the Deputy Commissioner was in line with procedural guidelines, and there was no jurisdictional error.

Conclusion:
The Tribunal dismissed all the appeals, upholding the disallowance of deductions under section 35(1)(ii), the computation of book profit under section 115JB, and the charging of interest under section 234C. The Tribunal also validated the reopening of assessments under section 147 and rejected the jurisdictional challenge regarding the issuance of notice under section 143(2). The Tribunal's decisions were based on substantial evidence of fraudulent activities by the recipient institutions and the involvement of brokers in providing bogus donation receipts.