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2021 (12) TMI 53 - AT - Income TaxExemption u/s 11 - denial of claim on the ground that the assessee was neither registered before the Registrar of Societies nor registered u/s 12A - HELD THAT:- The parent body Raebareli Polytechnic Association has been granted the registration u/s 12A of the Act vide order of the CIT, Faizabad - This registration u/s 12A to the society has been given on the direction of the Tribunal and the CIT, Faizabad, while allowing registration to the assessee, has mentioned in the order that the registration granted to the assessee is subject to the outcome of order of the appeal filed by the Revenue in the Allahabad High Court. The society had no other institution other than the present assessee. The society on its own has not claimed any exemption u/s 12A of the Act and in fact had not filed any income tax return separately until it got separate PAN from the assessment year 2015-16. Therefore, the society and the present institution are one and the same and therefore, the assessee is eligible to get benefit u/s 11 of the Act on the basis of registration granted to the society under section 12A - we find that the assessee has been getting exemption u/s 12A from assessment year 2010-11 onwards. The copies of assessment orders, passed u/s 143(3) - Such exemption has been granted to the assessee on the strength of registration granted to the society u/s 12A of the Act. Therefore, keeping in view the fact of consistency also, the assessee is entitled to exemption u/s 11 - Decided in favour of assessee.
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