Case Law Details
Shanmukhananda Fine Arts And Sangeetha Sabha Vs Deputy Director of Income Tax (Exemptions) 1(2) and Ors (Bombay High Court)
The Bombay High Court, in the case of Shanmukhananda Fine Arts And Sangeetha Sabha vs Deputy Director of Income Tax (Exemptions) 1(2) and Others, has reiterated the principle that the Assessing Officer (A.O.) lacks jurisdiction to assess or reassess any income that was the subject matter of an appeal. The judgment, delivered on [date], delves into the specific circumstances surrounding the reopening of the petitioner’s assessment under Section 147 of the Income Tax Act, 1961.
Background: Shanmukhananda Fine Arts And Sangeetha Sabha, a registered society engaged in charitable activities, filed its original return of income on September 29, 2009, claiming exemption under Section 11 of the Income Tax Act. The A.O. passed an assessment order on December 23, 2011, denying the claimed exemption. Subsequently, the petitioner appealed to the Commissioner of Income Tax (Appeals) [CIT(A)], who, by an order dated July 9, 2012, allowed the appeal and granted the sought-after exemption.
Key Events
i. Rejection of 12A Registration: In the midst of these proceedings, the Director of Income Tax (Exemption) withdrew the petitioner’s registration under Section 12A of the Act. However, the Income Tax Appellate Tribunal (ITAT) overturned this decision on September 9, 2011, restoring the 12A registration.
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