TMI Blog2015 (10) TMI 1404X X X X Extracts X X X X X X X X Extracts X X X X ..... de the application for registration under section 12A of the Act. In the present case, there is no dispute to the fact that the assessee has applied for registration on March 31, 2008 i.e., in financial year 2007-08. Therefore, as per section 12A(2) the provisions of sections 11 and 12 of the Act will be applicable to the assessee from the assessment year 2008-09. In the order passed under section 12AA of the Act, Director of Income-tax (Exemption) has not made any observation with regard to the applicability of the provisions under section 11 of the Act from a particular assessment year. This aspect has to be examined by the Assessing Officer keeping in view the relevant statutory provisions. In these circumstances, we fail to understand t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction, the assessee came in appeal before the Income-tax Appellate Tribunal. The Income-tax Appellate Tribunal vide order passed in I. T. A. 150/H/2013 dated September 30, 2013 set aside the order of the Director of Income-tax (Exemption) and directed him to grant registration to the assessee under section 12AA of the Act. Pursuant to the direction of the Tribunal, the Director of Income-tax (Exemption) passed an order on March 20, 2014 granting registration under section 12AA of the Act with effect from March 31, 2008. 3. After receiving the aforesaid order granting registration, the assessee filed petition under section 154 of the Act seeking rectification of the order on the ground that in para 4 of the order passed under section 12AA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the income of such trust or institution from the succeeding financial year, when an application for registration under section 12A is filed by such trust or institution in the preceding financial year. Further, in section 12AA while deals with procedure for granting registration, under sub-clause (i) to clause (b) to sub-section (1), it says that the Commissioner shall pass an order in writing registering the trust or institution. In that sub-sec tion (1), nowhere there is any mention about the date from which registration has to be granted under section 12AA of the Act to such trust or institution. Under these circumstances, and when the asses see institution has filed the said application for registration on March 31, 2008, in my view ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee will be entitled for exemption under section 11 from the succeeding financial year. On perusal of the order dated March 2, 2014 passed by the Director of Income-tax (Exemption), it is very much evident that the registration under section 12AA of the Act was granted to the assessee with effect from March 31, 2008 on which date the assessee has made the application for registration. On a reading of sub-section (2) to section 12A, it becomes clear that in case of an assessee who has made an application for registration after 1st June, 2007, the provisions contained under sections 11 and 12 of the Act shall be applicable to it for the assessment year immediately following the financial year in which the application for registration was ..... X X X X Extracts X X X X X X X X Extracts X X X X
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