Saraswati Mukund Education Society. v. ITO (2025) 212 ITD 142 (Mum) (Trib.)

S. 147 : Reassessment-Vehicle hiring charges-Specific query was raised in the assessment proceedings-Reassessment is quashed. [S. 11, 13(1)(c), 13(3)(cc), 143(3)]

Assessee-trust filed return and claimed exemption under section 11  of the Act. During scrutiny, assessment was completed under section 143(3) accepting claim of assessee.   Reassessment for relevant assessment year was initiated on basis of assessment framed on assessee for assessment year 2015-16 wherein payment made by assessee-trust towards car hire charges to trustee were disallowed as car was never given on rent to assessee-trust.  Accordingly, Assessing Officer held  that car hire charges paid by assessee during relevant assessment year was also in violation of fiduciary relation between trust and trustee. He  made addition by invoking provisions of section 13(1)(c) read with section 13(3)(cc) and withdrew benefit of exemption under section 11. On appeal the CIT(A) affirmed the reassessment. On appeal the Tribunal held that  specific query in relation to vehicle hiring charges was raised during relevant assessment proceedings and in response to same assessee had made disclosure of primary facts and furnished supporting documents during regular scrutiny assessment proceedings. Since in reasons recorded for reopening assessment there was nothing to indicate that reopening was sought on ground of failure on part of assessee to disclose fully and truly all material facts necessary for framing assessment, initiation of reassessment proceedings under section 147 could not be sustained. Reassessment order  is quashed. (AY. 2014-15)

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