Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (3) TMI 1160 - ITAT PUNEExemption u/s.11 - registration certificate u/s.12A was missing - FIR lodged and informed to department - Trust filing return mentionning certificate no and claiming exemption u/s.11 - Subsequently obtained registration u/s.12A - HELD THAT:- The assessee has obtained registration certificate u/s.12A since assessment year 1975-76 onwards through certificate No.1845. The said registration certificate was lost and the assessee has also informed the Department about the same and the assessee filed FIR regarding the missing of the 12A registration certificate. Therefore, legal responsibility has been duly complied with by the assessee. The requirement of law is crystal clear that once registration u/s.12A or even after amendment section 12AA is granted then it is for perpetuity until or unless expressly revoked by the Department as per provisions of law. Through the copies of return acknowledgements filed before us, it is clear that the assessee was claiming the benefit of registration u/s.12A of the Act and subsequently getting benefit u/s.11 of the Act especially from assessment year 2004-05 to 2006-07. The facts further reveal that in order to keep all speculations at rest, the assessee has again applied for fresh registration u/s.12AA of the Act on 17.06.2013 and have got the certificate of registration u/s.12AA of the Act from 10.12.2013. The facts therefore demonstrates that the assessee has all throughout acted in a bona-fide manner and absolutely there is no doubt that it is registered u/s.12A of the Act. That all throughout the returns filed, the assessee has claimed benefit of exemption u/s.11 of the Act being registered u/s.12A of the Act and the Revenue Authorities have accepted such return and there has not been any objection at any point of time from the Revenue Authorities. Taking totality of facts and circumstances into consideration legal right by way of registration u/s.12A of the Act has been bestowed on the assessee trust and therefore the benefit of exemption u/s.11 of the Act should also be provided to the assessee in the relevant assessment year. - Decided in favour of assessee.
|