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2022 (11) TMI 1103 - ITAT PUNEExemption u/s. 11 - Exemption denied treating the assessee as AOP instead of charitable trust - CIT granted registration u/s. 12A - applicability of proviso to sub-section (2) of section 12A - HELD THAT:- Registration granted u/s. 12A of the Act in response to the application dated 19-02-2009, is not application to the year under consideration i.e. A.Y. 2008-09. Applicability of proviso to sub-section (2) of section 12A - Admittedly the said proviso was introduced in Finance Act, 2014 w.e.f. F.Y. 2014-15 (A.Y. 2015-16). Since, the assessment year under consideration is A.Y. 2008- 09, the CIT(A) held the said proviso is not applicable on the facts on hand. Recording the separate finding on the same, but however, we agree with the findings of the CIT(A) which were reproduced here-in-above. Therefore, we do not find any infirmity in the order of CIT(A) regarding the non-applicability of proviso to sub-section (2) of section 12A of the Act. Benefit of getting exemption u/s. 11 should be extended to the prior assessment years which are pending before the AO - CIT(A) answered the same by holding that no assessment for the year under consideration was pending before the AO as it was already completed on 28-12-2010. As discussed above that the CIT-IV, Pune granted registration in pursuance to the order of Tribunal on 26-03-2013 relevant to the assessment year i.e. A.Y. 2009-10, but not applicable to the year under consideration. Therefore, when there is no registration u/s. 12A of the Act for the year under consideration, the assessee is not entitled to claim benefit of exemption u/s. 11 of the Act. Therefore, find no infirmity in the order of CIT(A) in confirming the order of AO in denying the exemption u/s. 11 of the Act in the absence of registration u/s. 12A of the Act. Thus, the grounds raised by the assessee fails and are dismissed.
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