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2023 (10) TMI 16 - ITAT CHANDIGARHExemption u/s 11 - assessee Trust is registered u/s 12A of the Act and is running a Dharamshala at Shimla and Palampur besides carrying out other charitable activities - Reasons on denial of benefit of exemption u/s 11 to the assessee trust as during the appellate proceedings, the assessee trust could not submit copy of its registration u/s. 12A originally granted on basis of which the past assessment were completed allowing exemption u/s section 11 - HELD THAT:- As in the assessment order for assessment year 1984-85, there is a clear mention of the assessee Trust being granted registration u/s 12A vide ld. CIT, Patiala letter dated 30.01.1986 and following the same, the assessment orders for assessment year 2010-11, 2011-12, 2012-13 and 2015-16 have been passed wherein the exemption u/s 11 has been allowed by the AO. Being an old matter, the assessee trust may not have produced copy of the registration originally granted u/s 12A, however, the factum of the assessee’s trust being duly registered u/s 12A and such a registration not being withdrawn is borne out of the assessment records for the earlier assessment years and in view of the same, mere non-furnishing of copy of registration u/s 12A cannot be held as a valid and justifiable reason for denial of exemption u/s 11 where such registration continues to exist and the assessee trust duly stand registered u/s 12A for the year under consideration. Requirement of fresh registration u/s 12AB for existing trusts - HELD THAT:- As per the provisions of sub-section (5) to section 12AA, the registration granted to the assessee trust continue to exist and in any case has not been withdrawn for the impugned assessment year 2020-21. Further, there are corresponding amendments/insertion of new provisions in section 12A(1)(ac) by the Taxation and other laws (Relaxation and Amendment of certain Provisions) Act, 2020 w.e.f 01/04/2021 which has again escaped the attention of the ld CIT(A). In view of the same, we agree with the contention of the ld AR that the new registration provisions have no impact as far as registration of the assessee trust for the impugned assessment year 2020-21 and its existing registration u/s 12A continues to hold good. In view of the same, we set-aside the order of the ld CIT(A) and direct the AO to allow the exemption u/s 11 as so claimed by the assessee trust while filing its return of income. Appeal of the Assessee allowed.
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