Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2017 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (11) TMI 365 - AT - Income TaxExemption claimed u/s 10(23C) denied - entitlement to exemption u/s 11 and 12 - assessee is carrying on educational activity and entitled for registration u/s 12A - Held that:- Delay for making application for granting registration was due to the fact that the assessee has chosen a path of 10(23C). The registration was granted w.e.f. 1.4.2011 on 30.03.2012 and the CIT has never rejected the Registration earlier. Had the society did not prefer the path of 10(23C), it would have applied well in advance for registration u/s 12A, thus we find reasonable cause for delay in applying for the registration u/s 12A. As on the date of registration, the impugned assessments for the assessment year 2010-11 and 2011-12 are pending. The facts of the case are similar to that of Sree Sree Ramakrishna Samity Vs. DCIT reported (2015 (11) TMI 119 - ITAT KOLKATA). Accordingly we hold that exemption u/s 11 and 12 should be granted to the assessee subject to satisfactory compliance of the terms and conditions laid down in the section 11 and 12 for the pending assessments i.e. 2010-11 and 2011-12. Accordingly appeal of the assessee is allowed.
|