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2017 (1) TMI 1006 - ALLAHABAD HIGH COURT

2017 (1) TMI 1006 - ALLAHABAD HIGH COURT - TMI - Exemption u/s 11 - assessee has not mentioned registration number and date in the ITR-7 - registration under Section 12AA - Held that:- As under amended provision, as is applicable in relevant assessment year, not only making of application for registration of trust is necessary but even registration of trust as such is a condition provided in statute. - Thus, until and unless registration is granted no exemption can be claimed only on the bas .....

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n'ble Ravindra Nath Mishra-II, JJ. For the Appellant : Alok Mathur For the Respondent : Desh Deepak Chopra ORDER 1. The delay in filing this appeal having been condoned vide order of date passed on Delay Condonation Application, let appeal be registered with regular number and old number shall also continued to be shown in bracket for finding out details of case, whenever required by parties with reference to either of the two numbers. 2. With the consent of learned counsel for the parties w .....

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It relates to Assessment Year 2010-11. 5. Following substantial questions of law are raised in this appeal: (i) Whether on the fact and in circumstances of the case, ITAT is justified in law, in quashing the order of Commissioner of Income Tax (Exemption), Lucknow under Section 263 and confirming the order under Section 143(3) of Income Tax Officer-3(2), Lucknow. (ii) Whether on the facts and in circumstances of the case, ITAT is justified in authenticating the registration under Section 12AA of .....

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ion is condition necessary to avail exemption under Section 11 of Income Tax Act, 1961 and trust and societies formed prior to these amendments have got themselves registered under Section 12A/12AA of the Income Tax Act, 1961 after these amendments. 6. It is not in dispute that respondent has applied for registration of society under Section 12A(1) of Act, 1961 long back and registration has not been granted by Commissioner till date. Be that as it may, it is not in dispute that Section 12A(1) h .....

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pal Commissioner or Commissioner before the 1st day of July, 1973, or before the expiry of a period of one year from the date of the creation of the trust or the establishment of the institution, whichever is later and such trust or institution is registered under section 12AA : Provided that where an application for registration of the trust or institution is made after the expiry of the period aforesaid, the provisions of sections 11 and 12 shall apply in relation to the income of such trust o .....

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ided further that the provisions of this clause shall not apply in relation to any application made on or after the 1st day of June, 2007; (aa) the person in receipt of the income has made an application for registration of the trust or institution on or after the 1st day of June, 2007 in the prescribed form and manner to the Principal Commissioner or Commissioner and such trust or institution is registered under section 12AA; (b) where the total income of the trust or institution as computed un .....

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