TMI Blog2012 (8) TMI 1223X X X X Extracts X X X X X X X X Extracts X X X X ..... (Appeals). 2. Facts apropos are that assessee had filed return for the impugned assessment year on 31.10.2006, wherein an income of ₹ 74,63,59,100/- was admitted. Assessee is a body governed by the provisions of Major Port Trusts Act, 1963, which is a Central Act. In the original return filed by the assessee for impugned assessment year, it had not claimed any exemption under Section 11 of the Act. Thereafter, on 31.3.2008, assessee had filed a revised return, but in such return also no such exemption was claimed. Thereafter, on 28.1.2009, assessee filed another revised return, inter alia, claiming exemption under Section 11 of the Act. Assessing Officer was of the opinion that in the original return, assessee having admitted taxa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o impugned assessment year. As per the CIT(Appeals), an assessee could not claim a deduction other than through a valid revised return. Such a valid revised return having not been filed by the assessee, its claim for exemption under Sections 11 and 12, relying on the order of this Tribunal for assessment years 2003-04, 2004-05 and 2005-06, could not be accepted. He, therefore, confirmed the order of the A.O. rejecting the claim of exemption under Section 11 of the Act. 4. Now before us, learned A.R., strongly assailing the orders of authorities below, submitted that CIT(Appeals) fell in gross error in coming to a conclusion that facts which existed in preceding assessment years were different from those in the impugned assessment year. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entral Government under Major Port Trusts Act, 1963. Assessee had filed return for the impugned assessment year originally on 31.10.2006. At that point of time it had filed such a return, it was not having registration under Section 12AA of the Act. Such a registration was granted to it only on 16.6.2008, but admittedly, the registration was given with retrospective effect from 1.4.2002. At the point of time, when the assessee was filing the return, in no way it could have claimed exemption under Sections 11 and 12 since registration under Section 12AA of the Act was a primary requirement for making such a claim. Assessee received registration under Section 12AA on 16.6.2008 by the order of DIT(Exemptions) and thereafter filed a revised ret ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... original return. Assessee received a right to claim such exemption by virtue of the order of Director of Income Tax (Exemption), who is also a part of the revenue machinery. Therefore, it ought not have been denied such an exemption for a technical reason alone. That apart, the case for impugned assessment year is very similar for that of assessment year 2005-06 where on assessee s appeal, CIT(Appeals) by virtue of his order dated 23.3.2011 had held it to be eligible for the claim of exemption under Sections 11 and 12 of the Act. On Revenue s appeal, against such order, it was held by this Tribunal on 7th September, 2011 at paras 6 and 7 of I.T.A. Nos. 1152 to 1154/Mds/2011 as under:- 6. We heard both sides in detail. The assessee has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity under the provisions of General Clauses Act. It is after considering all these organizational features, that the assessee has been granted registration under sec.12AA of the Income-tax Act, 1961. 7. Therefore, the Assessing Officer cannot deny the benefit of sec.11 to the assessee only on the basis of status claimed by the assessee. The exemption can be denied for violation of other conditions laid down in sec.11, 12 and 13. The assessing authority has no such case. In the facts and circumstances of the case, we find that the Commissioner of Income Tax (Appeals) has rightly directed the Assessing Officer to grant the benefit of sec.11 to the assessee. We are, therefore, of the opinion that the claim of assessee was unjustl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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