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2019 (1) TMI 1979 - AT - Income TaxExemption u/s 11 - non-registration of the Appellant u/s 12AA - applicability of proviso of Sec.12A (2) which was inserted w.e.f 1st October, 2014 - benefit of Sec. 11/12 as well as 10(23C)(iii ad) of the Act was denied to the assessee society on the ground that the assessee is not registered u/s. 12AA - HELD THAT:- As observed that the Appellant got registration u/s 12AA of the Act w.e.f. 09-02-2012 and as on that date the appeal against the quantum was pending before the Ld. CIT(A) which was decided on 10-10-2012 and against which the appeal is still pending for adjudication before this bench and hence the assessment proceedings can be construed as continuing and pending. While respectfully following the dictum of the Apex Court as well as the Co-ordinate Benches, we are of the considered opinion that the issue is squarely covered by the aforesaid decisions, therefore, we do not have any hesitation to held that proviso to Sec.l2A(2) which was added by Finance Act, 2014 shall be retrospective in operation. There is nothing either on record or otherwise brought on record by the Ld. DR to the effect that there is any change in the objects and activities of Assesse/Trust for the preceding assessment years involved. Hence, we are inclined to held that registration granted to the assessee by the CIT(E) vide letter dated 09-02-2012 shall be effective from 10-08-2008 being the date of formation of society and the assessee shall be entitled to get the benefit of registration for A.Ys. 2009-10 and 2010-2011 as well, against which appeals are under consideration. Consequently we set aside the impugned order passed by the Id. CIT(A) as well as assessment order and delete the addition, by allowing the assessee's appeal.
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