TaxTMI 
TaxTMI 
2024 (9) TMI 1198
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....ver, the assessee has no registration under Section 12AA of the Act in the assessment year under consideration or not even applied for registration under the Act since the assessee has application for registration in Form 10A only on 31.12.2015, which is in the financial year 2015-2016 and relevant to the assessment year 2016-2017. Just because the assessee is a trust, in the absence of registration under Section 12AA of the Act, the assessee cannot file its return of income as a Trust. If at all the assessee has filed a revised return other than assessee-trust and not considered by the Department, the Tribunal can direct the authorities below to allow deduction. Moreover, the assessee has not placed any material as to whether any scrutiny on the assessee's activities/operations, genuineness of its claim, etc., was ever made by the Revenue and its claim was found to be in order but for registration under Section 12AA of the Act nor it placed any material to suggest that any proceeding was pending before the appellate authority on such claim etc. The assessee has not placed any material to suggest that when granting the registration of the Trust under Section 12AA of the Act dat....
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....20 T.C.A.No.169 of 2020 1. Whether on the facts and in the circumstances of the case the Tribunal was right in law in holding that the case of the appellant would not fall within the 1st proviso to Section 12A(2) of the Act? 2. Whether on the facts and in the circumstances of the case the Tribunal was right in law in holding that the appeal pending before the Commissioner cannot be deemed to be an assessment proceeding pending before the Assessing Officer for the purposes of applying 1st Proviso to Section 12(A)(2) of the Act? 3. Whether on the facts and in the circumstances of the case the Tribunal was right in confirming the levy of tax on gross income of the Trust, when the exemption claimed u/s 11 was denied for want of registration u/s 12AA? 4. Whether on the facts and in the circumstances of the case the Tribunal was right in law in holding that the proceedings under Section 154 should not be taken as assessment proceedings pending before the assessing officer? 5. Whether on the facts and in the circumstances of the case the Tribunal was right in law in holding that in the absence of filing a revised return, the assessee cannot make a fresh claim relying upon the judgme....
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....istake in the aforesaid Assessment Order dated 12.03.2015 passed under Section 143(1) of the Act. 9. The Application dated 28.03.2015 filed by the appellant/assessee under Section 154 of the Act was however rejected by the Assessing Officer vide order dated 29.10.2015. The said order dated 29.10.2015 reads as under:- "Order under Section 154 of the Income Tax Act, 1961 The assessee has filed its return of Income for the Assessment Year 2013-2014 on 18-01-2014 admitting NIL income. The return was processed by Centralized Processing Center, Bangalore determining Rs. 99,51,157/- as the liability towards tax & interest and an intimation under Section 143(1) of the I.T.Act, 1961 dated 12-03-2015 was sent to the assessee. 2. The assessee, aggrieved by the above intimation under Section 143(1) of the Income Tax Act, filed the rectification petition under Section 154 of the Income Tax Act as referred above. Vide the above petition under Section 154, the assessee has submitted that the demand of Rs. 99,51,157/- has cropped up due to non consideration of assessee's claim for exemption under Section 11 of the I.T.Act and also because of non consideration of expenditure of earlier y....
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....for the appellant has relied on the following decisions of the Tribunal:- i. Kingston Educational Trust, Thiruvannamalai Vs. The Deputy Commissioner of Income, CPC, Bengaluru in I.T.A.No.567/Chny/2019 dated 21.11.2019. ii. M/s.Srinivasa Educational Trust Vs. The Income Tax Officer, Exemptions Ward, Salem in I.T.A.Nos.1327 & 1328/Chny/2019. 15. In these cases, under a somewhat similar circumstance, the case has been remitted back to the Assessing Officer to redo the assessment by recomputing the taxable income. 16. Learned Senior Standing Counsel for the respondent Revenue on the other hand would submit that the order of the Appellate Tribunal does not call for any interference. 17. Learned Senior Standing Counsel for the respondent Revenue has relied on the decision of the Hon'ble Supreme Court in Goetze (India) Ltd., Vs. Commissioner of Income tax, (2006) 284 ITR 323/2006 SCC Online SC 1446, wherein the Hon'ble Supreme Court held as under:- "1. Leave granted. 2. The question raised in this appeal relates to whether the appellant assessee could make a claim for deduction other than by filing a revised return. The assessment year in question was 1995-96. The retur....
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....on 12A(a) of the Act as it stood then during the period in dispute. 20. The appellant/assessee obtained registration under Section 12AA of the Act only on 02.03.2016. The case pertains to the Assessment Year 2013- 2014. Therefore, in terms of the decision of the Division Bench of this Court in M/s.Soundaram Chokkanathan Educational and Charitable Trust case (cited supra), the benefit of registration would not enure in favour of the appellant/assessee after registration. 21. At the same time, the appellant/assessee cannot be denied all the legitimate deductions that would have been available, if the returns were filed either as a "Regular Assessee" or as an "Association of Person". 22. The purpose of assessment is to recover just tax and not subject an assessee to unjust tax by holding that no return was filed either as a "Regular Assessee" or as an "Association of Person" merely because revised return was not filed under Section 139(4) of the Act, within a time specified under Section 134 of the Act. 23. The last date for filing the returns under Section 139(4) of the Act would have expired on 31.03.2015 which was just few days before the return was processed on 12.03.2015 unde....