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TMI Blog2020 (2) TMI 513X X X X Extracts X X X X X X X X Extracts X X X X ..... Tax Rules, 1962 for Registration under section 35(1)(ii) of the I.T. Act, 1961. 2. We have heard the Learned Representative of both the parties and perused the findings of the authorities below. 3. Briefly the facts of the case are that the original assessment was completed under section 143(3) of the I.T. Act, 1961, Dated 29.12.2009 at the 'NIL' returned income. The return declaring NIL income was filed on 31.10.2007. Subsequently, A.O. recorded reasons for reopening of the assessment under section 147 of the I.T. Act, 1961 and issued notice under section 148 Dated 27.03.2014. The assessee submitted that the original return filed on 31.10.2007 may be treated as return filed in response to notice under section 148 of the I.T. Act, 1961. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is only a technical -cum- procedural default only in terms of providing details of donations at a later date in the course of the assessment proceedings. The A.O, however, did not accept the contention of assessee and completed the assessment at Rs. 16.87 crores. 3.2. The assessee challenged the reopening of the assessment as well as addition on merits before the Ld. CIT(A). 4. The assessee contended that assessee is duly approved under section 35(1)(ii) of the I.T. Act vide Notification No.59/2008 Dated 30.04.2008. In scrutiny assessment, specific questionnaires were raised on 17.03.2009 and assessee submitted complete information before A.O. including list of donors with full address, PAN and receipt confirmation from whom contributio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irstly, the ITO(E) was wrongly invoked the jurisdiction u/s 148 to reopen the already completed assessment u/s 143(3) and secondly that technical non compliance cannot run down substantial entitlement under the law. 4.20. From the facts, it emerges that the Appellant is a scientific research association entitled to income exemption u/s 10(21) of the IT Act and also registered u/s 35(1)(ii) with the CBDT via notification No.59/2008 and also registered with the Ministry of Science and Technology. The Appellant had not filed an audited statement of donations received along with the tax return for the AY 2007-08. The original assessment for AY 2007-08 was completed after taking into account that details of donations available on record with t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the return of income, therefore, addition was wrongly deleted by the Ld. CIT(A). The Ld. D.R. submitted that though the Revenue filed revised grounds of appeal, but, no ground have been taken by the Revenue again challenging the quashing of the reopening of the assessment. 6. On the other hand, Learned Counsel for the Assessee reiterated the submissions made before the authorities below and submitted that since sufficient compliance was made at original assessment stage, therefore, it amounts to change of opinion and initiation of re-assessment proceedings is bad in Law. He has submitted that assessee for abundant precaution filed application under Rule 27 of I.T. Rules challenging the validity of the re-assessment proceedings. He has su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me to file revised ground of appeal. Though the revised grounds are filed, but, again no ground have been taken to challenge the quashing of the reassessment proceedings in the matter. The assessee for abundant precaution has filed application under Rule 27 of the I.T. Rules. The crux of the findings of the Ld. CIT(A) clearly show that it is a case of mere change of opinion and that re-assessment have been made after four years from the end of the relevant assessment year, after passing of the original assessment order under section 143(3) of the I.T. Act, 1961. There is no failure on the part of assessee to disclose all the facts truly and correctly which are required for passing of the assessment order. Therefore, reopening of the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X
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