2025 (8) TMI 1335 - AT - Income Tax

Remand for AO to verify s.12A registration and Form 10B compliance; s.10(23C) denial unwarranted when no claim made

St. Marys Education Society Versus DCIT (Exemption), Circle, Ghaziabad And Saint Marys School Versus Asst. Director of Income Tax, Exemption Circle, Ghaziabad.

ITAT set aside the lower orders and remanded the matter to the AO to verify whether the assessee holds a valid registration under s.12A and has complied ... Denial of exemption claimed u/s 12A - application u/s 154 denied - claim denied by the CPC for the reasons that there was no such claim in the return of income filed - HELD THAT:- Though assessee claimed that it was eligible and claimed exemption u/s 12A in the return of income filed. In view of these facts, we set aside this issue to the file of AO with the direction to verify whether the assessee is having valid registration u/s 12A of the Act. If the assessee is eligible for exemption u/s 12A of the Act and if all the conditions prescribed therein i.e. filing of Audit Report etc. were fulfilled, in our considered opinion, it is entitled for exemption u/s 12A of the Act. Thus, AO is directed to verify all these facts and allow the exemption u/s 12A if all the conditions are satisfied coupled with the fact that assessee must have valid registration u/s 12A. Denial of exemption u/s 10(23C) as the assessee has not filed the Audit Report in Form No.10BB as prescribed under the Act for claiming exemption u/s 10(23C) - It was the claim of the assessee that it had claimed exemption u/s 12A of the Act for which the Audit Report as prescribed under the Act under Form 10B was filed well within the statutory time which fact had not been disputed therefore, it is entitled for exemption u/s 12A of the Act. It is further stated that once the exemption was not claimed u/s 10(23C) of the Act, there is no requirement to file the Audit Report in Form 10BB. We find that this aspect has not been considered by the lower authorities. This being so, we set aside the orders of the lower authorities and remand the matter to the file of AO for verification of the fact whether assessee has valid registration certificate to claim exemption u/s 12A. Appeal of the assessee is allowed for statistical purposes. ISSUES PRESENTED AND CONSIDERED 1. Whether the refusal by the Central Processing Centre (CPC) to allow exemption claimed under section 12A of the Income Tax Act, 1961 in the return processed under section 143(1), and the dismissal of a rectification application under section 154, was permissible where the return purportedly claimed exemption but the CPC recorded no such claim. 2. Whether an assessee claiming exemption under section 12A is required to furnish Form 10BB (audit report prescribed for section 10(23C)) when it has furnished Form 10B (audit report prescribed for section 12A/section 11) within the statutory time, and whether failure to file Form 10BB precludes allowance of exemption under section 12A where section 10(23C) was not claimed. 3. Whether the matters above can be remanded to the Assessing Officer (AO) for factual verification of registration under section 12A and satisfaction of statutory conditions (including filing of audit report and other prescribed formalities), and the proper scope of relief on such remand. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Legality of CPC refusal and competence of section 154 rectification Legal framework: Section 143(1) permits processing of returns and computing tax as per information available; section 154 permits rectification of mistakes apparent from record. Exemption under section 12A is available to eligible charitable/educational entities if statutory conditions (including registration) are met and appropriately claimed. Precedent treatment: No judicial precedents were cited or relied upon by the Tribunal in the text; the decision proceeds on statutory construction and record review. Interpretation and reasoning: The Tribunal examined the CPC order refusing exemption and the reasons recorded (absence of claim in the processed return). The Tribunal noted the assessee's assertion that exemption under section 12A had been claimed in the return and that audit report/Form 10B had been filed. Given this factual divergence between the CPC record and the assessee's claim, the Tribunal found that the dispute raised a triable factual issue (existence of valid registration and compliance with conditions) not amenable to summary finalization at CPC or by way of denial under section 154 when adequacy of record and compliance were in question. Ratio vs. Obiter: Ratio - where CPC processing fails to reflect a claimed exemption and there is a disputed factual claim of entitlement supported by statutory filings (e.g., Form 10B), the appropriate course is factual verification by the AO rather than denial by way of summary rectification refusal under section 154. Obiter - observations on the precise boundaries of 'mistake apparent on record' were made in context but not exhaustively defined beyond the facts. Conclusion: The Tribunal set aside the CPC/rectification outcome on this point and remanded to the AO to verify existence of valid registration under section 12A and fulfillment of prescribed conditions; if satisfied, exemption to be allowed. Issue 2 - Requirement of Form 10BB versus Form 10B when claiming section 12A exemption (and relation to section 10(23C)) Legal framework: Section 12A/section 11 reliefs have prescribed documentary requirements, including audit report in Form 10B where applicable. Exemptions under section 10(23C) require compliance with separate prescribed conditions and, where applicable, audit report in Form 10BB. The statutory scheme differentiates between section 12A/11 regime and section 10(23C) regime. Precedent treatment: None cited in the impugned order; Tribunal relied on statutory differentiation and on the record showing Form 10B filing. Interpretation and reasoning: The Tribunal noted that the CPC and the CIT(A) treated the absence of Form 10BB as a disqualifying factor for exemption generally. The Tribunal held that where the assessee has not claimed exemption under section 10(23C) but has claimed exemption under section 12A and has filed the audit report prescribed under that regime (Form 10B) within the statutory timeline, the absence of Form 10BB is not a ground to deny section 12A exemption. The Tribunal emphasized that the two audit- report requirements pertain to different statutory provisions and cannot be conflated; the requirement to file Form 10BB arises only if exemption under section 10(23C) is claimed or otherwise attracted by statute. Ratio vs. Obiter: Ratio - absence of Form 10BB cannot be used to deny exemption under section 12A where section 10(23C) was not claimed and Form 10B (the audit report relevant to section 12A/11 claims) was filed within the statutory time. Obiter - the Tribunal's remark that lower authorities 'have not considered this aspect' serves as guidance that administrative processing must differentiate statutory regimes. Conclusion: The Tribunal remanded for factual verification of section 12A registration and compliance; it held that if registration and conditions are satisfied and Form 10B was timely filed, exemption under section 12A should be allowed despite no filing of Form 10BB when section 10(23C) was not claimed. Issue 3 - Scope and effect of remand to Assessing Officer for verification of registration and statutory conditions Legal framework: AO is vested with fact-finding and verification functions; appellate/tribunal bodies may remit matters to AO where factual verification is necessary to determine entitlement to statutory relief. Precedent treatment: No authorities were cited; the Tribunal applied general appellate principles permitting remand when material facts require secondary verification. Interpretation and reasoning: Given conflicting records (CPC processing indicating no claim vs. assessee's records showing claim and filing of Form 10B), the Tribunal concluded that the AO is best placed to verify: (a) existence and validity of registration under section 12A; (b) whether all prescribed conditions (including timely filing of audit report Form 10B and any other documentary requirements) are satisfied; and (c) whether the relief claimed was indeed under section 12A and not section 10(23C). The Tribunal directed the AO to examine these aspects and to allow exemption under section 12A if all conditions are met. Ratio vs. Obiter: Ratio - remand for factual verification is appropriate where entitlement to exemption depends on documentary proof (registration and audit report) and where processing records are inconsistent. Obiter - the Tribunal's classification of the resultant allowance as 'for statistical purposes' signals that the Tribunal did not finally adjudicate amounts but directed fact-sensitive relief; this phrasing is administrative and not a substantive adjudication of quantum. Conclusion: The Tribunal remitted the matters to the AO with clear directions to verify registration and statutory compliance and to allow exemption under section 12A if conditions are satisfied; the appeals were allowed for statistical purposes accordingly. Overall Disposition and Legal Findings The Tribunal concluded that the CPC's summary processing and section 154 dismissal were not dispositive in light of the assessee's documentary assertions; the absence of Form 10BB cannot defeat a properly claimed section 12A exemption where Form 10B was timely filed and section 10(23C) was not claimed; factual verification by the AO is required and appropriate; accordingly, the matters were remitted and the appeals allowed for statistical purposes.