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2025 (7) TMI 49 - HC - Income TaxRejection of approval u/s 12AA - assessment proceeding pending in appeal - Effective date of grant of registration and subsequent grant of registration - whether the assessment proceeding as stated in first proviso to Section 12A(2) can be taken as pending appeal? ITAT by the impugned order rejected the appeal holding that first proviso to Section 12A(2) of the IT Act has wrongly been construed as the assessment proceeding was not pending before the Assessing Officer on the date of registration i.e. 14-7-2023 and accordingly proceeded to dismiss the appeal which is sought to be challenged by filing this appeal under 260A HELD THAT - First proviso to Section 12A(2) of the IT Act has been inserted with effect from 1-10-2014. Section 12A(2) of the IT Act was brought into the statute book by the Legislature to prevent genuine hardship that could be caused on the assessee due to non-registration under Section 12AA of the IT Act and accordingly the provisos to Section 12A(2) is to be construed as retrospective in nature. It would also be appropriate to notice the CBDT Circular No. 01/2015 dated 21-5-2015 which has been made applicable with effect from 1-10-2014 in order to remove hardships to charitable organisations due to non-application for registration for the period prior to the year of registration to show that it mandates that registration will have the effect for the period prior to the year of registration or in respect of which the assessment proceedings are pending and the provisions of Section 12A of the IT Act entailed unintended consequences of non-application of registration for the period prior to the year of registration and thereby non-grant of exemption under Sections 11 and 12 up to grant of registration. This position was also recognised by the Central Board of Direct Taxes while issuing the Explanatory Notes to the provisions of the Finance (No. 2) Act 2014 vide Central Board of Direct Taxes Circular No.1 of 2015 dated January 21 2015. It is thus a curative proviso which is but merely declaratory of the previous law. It has by removal of the hardship rendered the procedure more relief oriented. It adequately complies with the natural justice principle of fairness to all. Hence it has to be presumed and construed as retrospective in nature in order to give the section a purposive interpretation. See Shree Shyam Mandir Committee s case 2017 (10) TMI 1450 - RAJASTHAN HIGH COURT It is held that appeal pending before the ITAT against the order of the CIT (Appeals) affirming the order of the AO is the continuation of the original proceedings of the AO and thus the assessment proceeding in appeal pending before the appellate Court i.e. ITAT is deemed to be the assessment proceeding before the AO within the meaning of first proviso to Section 12A(2) of the IT Act and we accordingly hold that appeal proceedings pending before the ITAT are deemed to be the assessment proceeding before the Assessing Officer within the meaning of Section 12A of the IT Act. The impugned order so passed after the effective date of grant of registration and subsequent grant of registration on 14-7-2023 operates retrospectively for all relevant years in the present case assessment year 2016-17 though registration was granted with effect from 1-4-2019 as we find that the object of the appellant Society is charitable in nature within the meaning of Section 12A(2) of the IT Act and on which there is absolutely no dispute. Accordingly we are unable to sustain the impugned order and set aside the same. The appellant Society is entitled for exemption under Sections 11 12 of the IT Act. The Assessing Officer is directed to pas consequential order as stated above for the assessment year 2016-17 expeditiously.
1. ISSUES PRESENTED and CONSIDERED
The core legal question considered by the Court was whether the Income Tax Appellate Tribunal (ITAT) was justified in dismissing the appeal by ignoring the approval granted under Section 12AA of the Income Tax Act, 1961 (IT Act) during the pendency of the appeal, particularly in relation to the applicability of the first proviso to sub-section (2) of Section 12A. Specifically, the issue was whether the first proviso to Section 12A(2) applies when the assessment proceedings are pending before the appellate authority (ITAT) rather than the Assessing Officer, and whether the exemption granted retrospectively under Section 12AA should apply to the assessment year in question despite the assessment having been completed and appeal dismissed by the Commissioner of Income Tax (Appeals). 2. ISSUE-WISE DETAILED ANALYSIS Issue: Applicability of the first proviso to Section 12A(2) of the IT Act where registration under Section 12AA is granted during the pendency of appeal before ITAT, after assessment proceedings before the Assessing Officer have been completed. Relevant Legal Framework and Precedents: The first proviso to Section 12A(2) of the IT Act, inserted with effect from 1-10-2014, provides that where registration under Section 12AA or 12AB is granted, the provisions of Sections 11 and 12 (relating to exemption of income of charitable institutions) shall apply retrospectively in respect of any income derived from property held under trust for any assessment year preceding the year of registration, but only for those years where assessment proceedings are pending before the Assessing Officer on the date of registration and the objects and activities of the trust remain unchanged. CBDT Circular No. 01/2015 dated 21-5-2015 clarifies that this proviso was introduced to remove hardships caused to charitable organizations due to non-registration for periods prior to the year of registration, thereby allowing exemption for pending assessment proceedings retrospectively. The Circular emphasizes the curative and retrospective nature of this proviso. Precedents relied upon include the Rajasthan High Court decision in Commissioner of Income-tax (Exemptions) v. Shree Shyam Mandir Committee and the Karnataka High Court decision in Commissioner of Income-tax (Exemptions) v. Karnataka State Students Welfare Fund, which interpreted the proviso as applying to pending appeals as well. Court's Interpretation and Reasoning: The Court examined whether the phrase "assessment proceedings pending before the Assessing Officer" in the first proviso to Section 12A(2) should be interpreted strictly as proceedings before the Assessing Officer or whether it also encompasses appeals pending before the ITAT. The Court held that an appeal is a continuation of the original proceedings and that the appellate jurisdiction involves rehearing on both law and fact. The appeal before the ITAT against the order of the Commissioner of Income Tax (Appeals) affirming the Assessing Officer's order is a continuation of the original assessment proceedings. Therefore, the assessment proceeding pending before the ITAT is deemed to be the assessment proceeding before the Assessing Officer within the meaning of the proviso. This interpretation is supported by settled principles of law that an appeal is a continuation of the original proceedings and the appellate court must address all issues afresh, applying its mind to facts and law. The Court emphasized that the proviso is curative and retrospective, intended to remove hardship and ensure fairness to charitable organizations. Key Evidence and Findings: The appellant society was established with charitable objects and applied for registration under Section 12AA, which was initially rejected but ultimately granted on 14-7-2023 with retrospective effect from 1-4-2019. The assessment for the year 2016-17 was completed on 12-12-2018, and the appeal before the Commissioner of Income Tax (Appeals) was dismissed on 17-10-2019. However, an appeal was pending before the ITAT on the date of registration. The ITAT had dismissed the appellant's claim that the first proviso to Section 12A(2) applied, holding that since the assessment proceedings before the Assessing Officer were completed, the proviso did not apply. The Court disagreed with this finding. Application of Law to Facts: The Court applied the legal principle that an appeal is a continuation of the original proceedings and held that the pending appeal before the ITAT amounted to pending assessment proceedings within the meaning of the first proviso to Section 12A(2). Consequently, the exemption granted retrospectively under Section 12AA applies to the assessment year 2016-17 despite the assessment having been completed and the appeal dismissed by the Commissioner of Income Tax (Appeals). Treatment of Competing Arguments: The Revenue contended that the benefit of the first proviso is confined to cases where assessment proceedings are pending before the Assessing Officer and does not extend to appeals pending before the ITAT. They argued that since the assessment and first appeal were completed, the proviso did not apply. The Court rejected this narrow interpretation, holding that the legislative intent and the remedial nature of the proviso require a purposive interpretation that includes appeals pending before the ITAT as part of the assessment proceedings. The Court found the ITAT's dismissal of the appellant's claim as perverse and contrary to the record. Conclusions: The Court concluded that the appeal pending before the ITAT is deemed to be the continuation of the assessment proceedings before the Assessing Officer within the meaning of the first proviso to Section 12A(2) of the IT Act. Therefore, the exemption under Sections 11 and 12 applies retrospectively from the date of registration under Section 12AA, including for the assessment year 2016-17. 3. SIGNIFICANT HOLDINGS "It is held that appeal pending before the ITAT against the order of the CIT (Appeals) affirming the order of the Assessing Officer is the continuation of the original proceedings of the Assessing Officer and thus, the assessment proceeding in appeal pending before the appellate Court i.e. ITAT is deemed to be the assessment proceeding before the Assessing Officer within the meaning of first proviso to Section 12A(2) of the IT Act." "The impugned order so passed after the effective date of grant of registration and subsequent grant of registration on 14-7-2023 operates retrospectively for all relevant years in the present case, assessment year 2016-17, though registration was granted with effect from 1-4-2019, as we find that the object of the appellant Society is charitable in nature within the meaning of Section 12A(2) of the IT Act and on which there is absolutely no dispute." "The appellant Society is entitled for exemption under Sections 11 & 12 of the IT Act. The Assessing Officer is directed to pass consequential order as stated above for the assessment year 2016-17, expeditiously." Core principles established include the retrospective and curative nature of the first proviso to Section 12A(2), the purposive interpretation of the phrase "assessment proceedings pending before the Assessing Officer" to include appeals pending before the ITAT, and the recognition that appeal proceedings are a continuation of original proceedings for the purposes of exemption claims under the IT Act. Final determination was in favor of the appellant, allowing the appeal and setting aside the impugned order of the ITAT, thereby granting exemption under Sections 11 and 12 for the assessment year 2016-17.
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