9911796707
TMI Blog2020 (10) TMI 31X X X X Extracts X X X X X X X X Extracts X X X X ..... on prospectively from A.Y. 2019-20, whereas assessee trust was registered and assessed regularly as a registered trust since 13.08.1973. 2. Ld. A.O had erred in raising the demand and withholdings refund of the trust for last 6 years inspite of its registration u/s 12AA, in contravention to proviso-1 of sub-section 2 of section 12A of Income Tax Act. 4. Brief facts of the case as submitted by the Ld. Counsel for the assessee and as per the statement of facts placed on record are that the assessee trust was formed in the year 1945 as Public charitable trust registered under the then prevailing Public Trust Act. As claimed by the assessee that the assessee was registered u/s 12A of the Act (In short 'I.T. Act') w.e.f. 13.8.1973 and at that point of time Form No.10A was filed and this application was signed by the Treasurer Shri Shantilal Mehta. The assessee trust could not find copy of the registration certificate claimed to have been issued in the year 1973 u/s 12A(a) of the Act. Accordingly Assessee trust made a written request before Ld. CIT (Exemption) Bhopal to issue a duplicate copy of the registration certificate issued to the trust in the year 1973 u/s 12A(a) of Income Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... turn of income filed for the respective assessment years claiming exemption u/s 11 eligible to charitable trust. 6. During the course of hearing Ld. Counsel for the assessee further submitted as under; 1) Assessee trust was instituted in the year 1945 as a public Charitable Trust registered under Prevailing Public Trust Act. 2) In the year 1973 (13 -08-1973) it was registered under section 12A(a) of the Income-Tax Act 1961, through Form no. 10A (of rule 17A) of Income Tax Rules 1962.(P.P. 3 of the compilation book submitted on 02- 09-2020) 3) The Assessee trust was regularly assessed under section 143 (3) of the Act as a registered Public Charitable Trust under the provisions of sections 11 to 13 of the Income Tax Act 1961, may please be noted.(P.P. 24 to 32 of the paper book) 4) The present Trustees and the Auditors of this trust are 3rd/ 4th generation, in a very long period of 75 years after the institution of this trust in the year 1945 . 5) Due to change of hands on a number of occasions of the Trustees as well as Auditors of the trust, the physical copy of the registration granted under section 12A was not traceable. 6) On 05-07-2016 Trust submitted a written req ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e that the Income Tax authorities have accepted the assessee as Charitable Trust since Assessment Year 1995-96 and copies of Assessment orders are placed in the paper book dated 1.7.2019 running from page 1 to 123. 8. Per contra Ld. Departmental Representative vehemently argued supporting the registration certificate issued by Ld. CIT (Exemption). 9. We have heard rival contentions and perused the records placed before us. In the original ground of appeal assessee has challenged the order of Ld. CIT (Exemption), Bhopal dated 28.9.2018 denying the registration u/s 12AA of the Act and rejecting assessee's application for issue of duplicate copy of registration certificate of the Trust w.e.f. 13.8.1973. After the filing of appeal by the assessee with ITAT and before the conclusion of hearing Ld. CIT(Exemption) has issued fresh order of registration u/s 12AA of the Act dated 20.8.2019. Ld. CIT (Exemption) granted exemption certificate u/s 12AA of the Act dated 20.8.2019 on the basis of fresh application filed by the assessee on Form 10A on 28.2.2019. Since Ld. CIT (Exemption) has been granted registration u/s 12AA of the Act to the assessee after being satisfied that the assessee Tru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he meantime assessee again filed fresh application in Form 10A on 28.2.2019 submitting necessary documentary evidences but Ld. CIT (Exemption) granted the registration u/s 12AA of the Act with effect from Assessment Year 2019-20. 12. Now whether Ld. CIT (Exemption) should have granted registration certificate u/s 12AA of the Act w.e.f. 13.8.1973 or has rightly granted prospectively from 2019-20 needs to be examined. 13. We find that in the paper book running from page 1 to 123, in page 24 to 32 various assessment orders in the case of the assessee are placed. We find that for Assessment Year 1975-76 the assessment order u/s 143(3) of the Act was framed on 10.10.1977 and in the assessment order the Ld. A.O has accepted that the assessee is a charitable trust. For Assessment year 1974-75 dated 26.12.77 also shows that the department has accepted the assessee as a charitable trust and benefit u/s 11 has been allowed. Similar assessment orders have been framed for Assessment Year 1976-77 to Assessment Year 1983-84 u/s 143(3) of the Act and the department has consistently accepted that the assessee trust is a charitable trust. Along with the copy of assessment order referred above ass ..... X X X X Extracts X X X X X X X X Extracts X X X X
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