TMI Blog2019 (1) TMI 1979X X X X Extracts X X X X X X X X Extracts X X X X ..... ssment proceedings can be construed as continuing and pending. While respectfully following the dictum of the Apex Court as well as the Co-ordinate Benches, we are of the considered opinion that the issue is squarely covered by the aforesaid decisions, therefore, we do not have any hesitation to held that proviso to Sec.l2A(2) which was added by Finance Act, 2014 shall be retrospective in operation. There is nothing either on record or otherwise brought on record by the Ld. DR to the effect that there is any change in the objects and activities of Assesse/Trust for the preceding assessment years involved. Hence, we are inclined to held that registration granted to the assessee by the CIT(E) vide letter dated 09-02-2012 shall be effect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the same should also be applicable mutatis mutandis to ITA No.366/Asr/2014. 3. In brief the facts of the case are that the Appellant had filed its return of income declaring taxable income at Rs. (Nil). During the course of assessment proceedings, the Assessing Officer noted that the Appellant had received corpus donations of Rs.3,69,00,000/- which were claimed as exempt u/s 11(1)(d) of the Income Tax Act 1961 (hereinafter called as the Act).The AO asked the Appellant to explain as to why in view of the amended provisions of Sec.2(24) of the Act, corpus donations received by the Appellant may not be treated as income of the Appellant on non-registration u/s 12A of the Act. The Appellant had claimed that the said donations were rece ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons of the parties and perused the material available on record. It is admitted fact that during the assessment years 2009-10 2010-11, the Appellant had no registration u/s 12AA of the Act. It is brought to our knowledge that the Appellant vide application sought registration u/s 12A of the Act on 20.12.2010 (w.e.f. 14.08.2008 being the date of formation of the society) for the A.Ys. 2009-10 2010-11, however the Ld. CIT(E) rejected the request for registration for A.Ys.2009-10 to 2010-11 due to the application being filed beyond the prescribed time limit and thereafter the Appellant approached the CBDT for condonation of delay for consideration of registration for the said assessment years. The CBDT after considering the application of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 or institution,- (i) from the date of the creation of the trust or the establishment of the institution if the [***] Commissioner is, for reasons to be recorded in writing, satisfied that the person in receipt of the income was prevented from making the application before the expiry of the period aforesaid for sufficient reasons; (ii) from the 1st day of the financial year in which the application is made, if the [***] Commissioner is not so satisfied:] [Provided further that the provisions of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect of any income derived from property held under trust of any assessment year preceding the aforesaid assessment year, for which assessment proceedings are pending before the Assessing Officer as on the date of such registration and the objects and activities of such trust or institution remain the same for such preceding assessment year: Provided further that no action under section 147 shall be taken by the Assessing Officer in case of such trust or institution for any assessment year preceding the aforesaid assessment year only for non-registration of such trust or institution for the said assessment year: Provided also that provisions contained in the first and second proviso shall not apply in case of any trust or institution w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 . 4.6 The benefit of Sec. 11/12 as well as 10(23C)(iii ad) of the Act was denied to the assessee society on the ground that the assessee is not registered u/s. 12AA of the Act. We have already observed that the Appellant got registration u/s 12AA of the Act w.e.f. 09-02-2012 and as on that date the appeal against the quantum was pending before the Ld. CIT(A) which was decided on 10-10-2012 and against which the appeal is still pending for adjudication before this bench and hence the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X
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