Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2018 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (1) TMI 595 - AT - Income TaxExemption u/s 11 - Benefit of registration u/s. 12AA denied - AO completed the assessment u/s. 144 by denying exemption for non production of copy of registration from the prescribed authority - Held that:- Going by the principle of purposive interpretation of statues, an assessment proceeding which is pending in appeal before the first appellate authority should be deemed to be assessment proceedings pending before the assessing officer within the meaning of that term as envisaged under the proviso. It follows there-from that the assessee which obtained registration u/s 12AA of the Act during the pendency of appeal was entitled for exemption claimed u/s 11 of the Act. CIT-A was justified in directing the AO to give the benefit of registration u/s. 12AA of the Act to the assessee for the A.Y under consideration. Accordingly, we uphold the impugned order of the CIT-A. However, it is pertinent to note that the assessment was completed u/section 144 of the Act and it is needless to mention that it is open to the AO to make assessment afresh in accordance with law. The grounds raised by the revenue are dismissed.
|