Acceptance and Payment of Loan in Cash: HC upheld Section 148A(d) order

S.T John The Baptist Church Vs ITO (Kerala High Court)

The Kerala High Court, in the case of St. John The Baptist Church Vs ITO, upheld the order under Section 148A(d) of the Income Tax Act, 1961. The court found the acceptance and repayment of cash loans by the petitioner, a religious institution, in violation of Section 12AA. This article provides a detailed analysis of the court’s decision and the implications for the petitioner.

Background of the Case: The petitioner, a registered religious institution, faced scrutiny for financial transactions during the assessment year 2016-17. The Assistant Director of Income Tax (Investigation) highlighted interest-free cash loans accepted and repaid by the petitioner, triggering concerns about a violation of registration provisions under Section 12AA and penal provisions under Sections 269SS and 269T.

Reassessment Initiation: The Directorate of Income Tax (Investigation) revealed that the petitioner filed its income tax return for the said assessment year, but discrepancies in audited statements prompted a reassessment. A show-cause notice under Section 148A was issued, questioning the non-reflection of cash loans and repayments in the audited statements.

Assessing Authority’s Opinion: The assessing authority, after considering the petitioner’s response, found no satisfactory explanation regarding the acceptance and payment of a substantial cash loan. The petitioner’s request for exemption based on separate penalty proceedings was not accepted, leading to the issuance of a notice under Section 148 for the alleged escapement of income.

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