CIT v. International Society For Krishna Consciousness (2020) 272 Taxman 534 (Karn.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Made enquiries and dropped reassessment proceedings-Possible view-Revision is held to be not valid. [S. 11, 12A, 80G, 139(4A), 147, 148]

During proceedings for grant of registration under section 80G, assessee filed statement of accounts showing certain income before grant of exemption under sections 11 and 12.  Assessee was required to file return under section 139(4A).   Assessee, did not submit its return under section 139(4A) stating that its accounts have been submitted to ISKON, Mumbai, for consolidation purpose.  Assessing Officer initiated reassessment proceedings in response to which assessee submitted its return claiming exemption of income under section 11.  Assessing Officer after making due enquiries found claim for exemption of income as correct and, thus, reassessment proceedings were dropped.  DIT(E)  passed an order under section 263 setting aside assessment and directing Assessing Officer to pass a fresh assessment order. Tribunal held that the  Assessing Officer had allowed assessee’s claim for exemption of income under section 11 after making due enquiries  and  DIT(E) had also recorded in his revisional order that assessee had submitted its accounts to ISKON, Mumbai, for consolidation and nothing wrong was found in same. Accordingly the revision order was quashed.  Dismissing the appeal of the revenue High Court affirmed the order of the Tribunal. (AY.  1997-98)