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2018 (5) TMI 950 - ITAT KOLKATAEntitlement to claim benefit u/s. 11 - no registration was granted by the income tax department to claim exemption u/s 11 - Held that:- CIT(A) was of the opinion that assessments for all these A.Ys. 2008-09 to 2012-13 are pending with the authorities precisely before CIT(A), thereby, held the first proviso as inserted through Finance Act, 2014 w.e.f. 01.10.2014 is applicable to the present case. We find the issue is identical to facts of case decided by the Cochin Tribunal in the case of SNTP Yogam vs ADIT (E) [2016 (3) TMI 1110 - ITAT COCHIN] which held that the insertion of first proviso to sub-section 2 to section 12A of the Act and effect thereto is retrospective in nature. An assessment proceeding which is pending in appeal before the 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 of the correct opinion that assessments for all these A.Ys. 2008-09 to 2012-13 are pending with the authorities precisely before CIT(A), thereby, held the first proviso as inserted through Finance Act, 2014 w.e.f. 01.10.2014 is applicable to the present case - Decided in favour of assessee.
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