TMI Blog2018 (12) TMI 36X X X X Extracts X X X X X X X X Extracts X X X X ..... late proceedings are an extension of the assessment proceedings itself, we are of the considered opinion that the benefit of this proviso is to be extended to pending first appellate proceedings also. Accordingly, we hold that the assessee should be allowed the benefit of exemption u/s 11 - issue is restored to the file of the Assessing Officer to examine the assessee’s claim u/s 11 of the Act after affording proper opportunity to the assessee - Appeal of the assessee stands allowed for statistical purposes. - ITA No. 1755/Del/2016 - - - Dated:- 26-11-2018 - G.D. AGRAWAL, VICE PRESIDENT AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER For The Assessee : Shri Anchit Jain, CA And Shri Alok Kumar Jain, Adv. For The Department : Shr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al of the assessee was only partly allowed by deleting the addition on account of depreciation. The Ld. Commissioner of Income Tax (A) upheld the action of the Assessing Officer in denying exemption u/s 10(23C)(iiiad) of the Act as well as holding that the assessee was not entitled to benefit u/s 11 of the Act. Now, the assessee is before the ITAT and has challenged the order of the Ld. Commissioner of Income Tax (A). 3.0 The Ld. AR submitted that it was an admitted fact that the assessee was running an educational institution with the main purpose of providing education to all sections of the society. It was also submitted that admittedly, the assessee had made the claim of exemption u/s 10(23C)(iiiad) of the Act only during the course ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Assessing Officer as on the date of such registration. It was submitted that the Ld. Commissioner of Income Tax (A) took a very narrow view of the proviso against the intention of the legislature which was to provide relief to genuine cases who would be facing hardship for want of registration. He also drew our attention to Para 8 of the Explanatory Notes to the Finance Act, 2014 wherein it has been stated that non-application of registration for a period prior to the year of registration causes genuine hardship to charitable organisations and due to absence of such registration, tax liability is fastened even though they may otherwise be eligible for exemption and fulfil other substantive conditions. It was submitted that as per the Expl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and activities of such trust or institution remain the same for such preceding assessment year . 5.1 It is an admitted fact that the registration was granted vide order dated 8.6.2015 which was to have effect from 1st April, 2014. Although the assessment order was passed on 27.2.2014, the assessee was already registered u/s 12AA on 29.01.2016 when the assessee s appeal was decided by the Ld. Commissioner of Income Tax (A). As the powers of the Ld. Commissioner of Income Tax (A) are coterminous with that of the Assessing Officer and further as the appellate proceedings are an extension of the assessment proceedings itself, we are of the considered opinion that the benefit of this proviso is to be extended to pending first appellate pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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