TMI Blog2018 (9) TMI 866X X X X Extracts X X X X X X X X Extracts X X X X ..... OURT] clearly held “if a legislation confers a benefit on some persons but without inflicting a corresponding detriment on some other person or on the public generally, and where to confer such benefit appears to have been the legislator’s, object, then the presumption would be that such a legislation, giving it a purposive construction, would warrant it to be given a retrospective effect”. Thus we do not have any hesitation to hold that proviso to Sec.12A(2) which was added by Finance Act, 2014 shall be retrospective in operation. Hence, the assessee shall be entitled to get the benefit of registration, therefore, we are inclined to set aside the impugned order passed by the ld. CIT(A) as well as assessment order and remand the case to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has not got itself approved under section 10(23C)(vi) of the Act from the competent authority for claiming the exemption under section 10(23C)(iiiad) of the Act. As such the Assessing Officer has concluded that assessee society is not entitled for exemption of its income under section 10(23C)(iiiad) of the Act as was originally being claimed. It was also noticed by the Assessing Officer that the assessee society got registration under section 12A/12AA of the Act with effect from 01.04.2011 only, therefore, the assessee society was also not eligible for exemption of its income under section 11/12 of the Act and the year under consideration. The Assessing Officer, therefore, denied the exemption to the assessee society under section 11/12 as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ved qua applicability of proviso of Sec.12A(2) which was inserted w.e.f 1st October, 2014, therefore, we feel it appropriate to deal the legal issue first before the going on merit of the case. The benefit of Sec. 11/12 as well as 10(23C)(iiad) of the Act was denied to the assessee society on the ground that the assessee is not registered u/s. 12AA of the Act, however, it is the claim of the assessee society that the assessee society got registration u/s 12A of the Act w.e.f. 1st April, 2011, therefore, as on that date assessment proceeding were pending and hence, the assessee society is entitled to get the benefit of the same. In the instant case, the assessment order was passed on 29th January, 2014 and the amendment was made in Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed:] [Provided 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 Commissioner and such trust or institution is registered under section 12AA;] (b) where the total income of the trust or institution as computed under this Act without giving effect to [the provisions of section 11 and section 12 exceeds the maximum amount which is not chargeable to income-tax in any previous year], the accounts of the trust or institution for that year have been audited b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st and second proviso shall not apply in case of any trust or institution which was refused registration or the registration granted to it was cancelled at any time under section 12AA.] In the instant case registration was granted on dated 09- 04-2012 which was effective from 01-04-2011 and the assessment order was passed on 29-01-2014, therefore, admittedly in the instant case the assessment proceedings can be construed as pending as on the date of the order under section 12AA of the act. The similar and identical issue has also been arisen in various cases before the Co-ordinate Benches in the below mention cases. (i) St. Judes Convent School, Nakodar vs. ACIT, ITA No.749(Asr)/2013 (ITAT, Amritsar) (ii) Sree Sree Ramkrishn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion confers a benefit on some persons but without inflicting a corresponding detriment on some other person or on the public generally, and where to confer such benefit appears to have been the legislator s, object, then the presumption would be that such a legislation, giving it a purposive construction, would warrant it to be given a retrospective effect . Consequently, considering the dictum of the Apex Court as well as the Co-ordinate Benches, the issue is squarely covered by the aforesaid decisions, therefore, we do not have any hesitation to hold that proviso to Sec.12A(2) which was added by Finance Act, 2014 shall be retrospective in operation. Hence, the assessee shall be entitled to get the benefit of registration, therefore, we ..... X X X X Extracts X X X X X X X X Extracts X X X X
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