Facts of the Case
The petitioner, The Northern India Zonal Assembly of the
Mar Thoma Church, challenged the assessment order dated 28.03.2022
concerning AY 2013–14. The impugned order was based on a reassessment order
dated 31.12.2016 passed in respect of another entity, Caruna Bal Vikas (CBV).
It was contended that the Assessing Officer relied only on
selective portions of the CBV reassessment order while ignoring relevant
findings, particularly those relating to restricted grants.
Further, the petitioner had already filed a statutory appeal
against the impugned order, which remained pending since February 2019 without
adjudication.
Issues Involved
- Whether
the Assessing Officer erred by selectively relying on parts of the
reassessment order of CBV.
- Whether
non-disposal of the statutory appeal for over four years justified
judicial intervention.
- Whether
denial of exemption under Sections 11 and 12 by invoking Section 13(1)(b)
was valid in the context of restricted grants.
Petitioner’s Arguments
- The
assessment order was flawed as it relied on incomplete extraction of the
CBV reassessment order.
- Paragraph
12 of the reassessment order (which supported exemption due to restricted
sub-grant) was ignored.
- The
petitioner was eligible for exemption under Sections 11 and 12 as the
grant received was restricted in nature.
- The
prolonged pendency of the statutory appeal caused serious prejudice.
Respondent’s Arguments
- The
petitioner had knowledge of the CBV reassessment proceedings and
approached the Court after delay.
- The
writ petition was liable to be dismissed on grounds of delay and laches.
- The
petitioner should pursue the statutory appellate remedy.
Court Findings / Observations
- The
Court identified two core grievances:
- Selective
reliance on the CBV reassessment order.
- Inordinate
delay in disposal of the statutory appeal.
- The
Court held that the delay in appeal disposal justified intervention and
negated the objection of delay and laches.
- It
observed that while deciding the appeal, the authority must consider:
- The
entire reassessment order of CBV
- Judicial
precedents relied upon by the petitioner
- The
Court also noted reliance on:
Director of Income Tax vs Society for Development Alternatives (2012 SCC OnLine Del 225)
Court Order / Directions
The Delhi High Court disposed of the writ petition with the
following directions:
- The
appellate authority shall dispose of the pending appeal within three
months.
- The
authority must consider:
- Entire
reassessment order dated 31.12.2016 (CBV case)
- Legal
position regarding restricted grants
- A personal
hearing must be granted to the petitioner before final decision.
Important Clarification
- The
Court clarified that where grants are routed through intermediary entities
(e.g., Compassion International → CBV → Petitioner), the nature of
restricted grant must be properly examined before denying exemption.
- Selective
reading of assessment records is impermissible.
- Delay
in appellate adjudication can justify writ jurisdiction.
Sections Involved
- Section
11 – Income from property held for charitable or religious purposes
- Section
12 – Income of trusts or institutions
- Section
13(1)(b) – Denial of exemption in certain cases
Link to download the order -https://delhihighcourt.nic.in/app/showFileJudgment/RAS08052023CW58892023_145809.pdf
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