2024 (7) TMI 138 - AT - Income Tax

Trust exemption appeal allowed for fresh assessment after failure to provide documentary evidence

Pannu Group of Educational Society VPO Marri Panwan Versus ITO- (Exemption), Ward- Amritsar

Pannu Group of Educational Society VPO Marri Panwan Versus ITO- (Exemption), Ward- Amritsar - TMI Issues Involved:1. Delay in filing appeal and condonation of delay.2. Disallowance of expenses and assessment under section 143(3) of the Income Tax Act.3. Non-compliance and dismissal of appeal by the first appellate authority.4. Applicability of section 12A of the Income-tax Act and retrospective operation of amendments.Issue 1: Delay in filing appeal and condonation of delay:The appeal was filed belatedly by 68 days, and the assessee submitted a condonation petition citing valid reasons for the delay. The delay was attributed to the illness and subsequent demise of the president's sister, affecting the functioning of the society. The delay was deemed unintentional, and in the interest of justice, the Tribunal condoned the delay.Issue 2: Disallowance of expenses and assessment under section 143(3) of the Income Tax Act:The appellant, a registered society running educational institutions, faced scrutiny under section 143(3) of the Income Tax Act. The Assessing Officer made ad hoc disallowances based on assumptions due to lack of documentary evidence and non-production of books of accounts during scrutiny. The first appellate authority upheld the assessment, noting the lack of cooperation from the appellant and dismissed the appeal.Issue 3: Non-compliance and dismissal of appeal by the first appellate authority:The first appellate authority rejected the appeal due to the appellant's failure to produce material to challenge the AO's findings. Despite repeated requests, the appellant did not provide supporting documents, leading to the dismissal of the appeal for lack of interest in prosecuting it. The Tribunal noted the absence of cooperation and non-compliance by the appellant throughout the proceedings.Issue 4: Applicability of section 12A of the Income-tax Act and retrospective operation of amendments:The appellant raised grounds related to the applicability of section 12A of the Income-tax Act, citing CBDT Circular and amendments effective from 1st October 2014. The Tribunal found that the issue was not considered during assessment proceedings and remanded the matter to the AO for fresh assessment, considering all arguments, applicable circulars, and supporting documentary evidence. The appeal was allowed for statistical purposes.In conclusion, the Tribunal addressed issues related to delay in filing the appeal, disallowance of expenses, non-compliance by the appellant, and the applicability of relevant provisions of the Income-tax Act, ensuring a fair and thorough examination of the case before reaching a decision.