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Income Tax - Highlights / Catch Notes

Home Highlights December 2021 Year 2021 This

Exemption u/s 11 - registration u/s 12AA Cancelled - Application ...


Trust's Registration Cancelled u/s 12AA: A.O. Failed to Examine Trust Records for Sections 11, 12, 13 Compliance.

December 15, 2021

Case Laws     Income Tax     AT

Exemption u/s 11 - registration u/s 12AA Cancelled - Application test under section 11, 12 and 13 of the Act, could have been applied only after the outcome of the examination by the A.O. from the record. In our opinion, the A.O only after proper examination of the assessee’s record may be in a position to come to the conclusion as to whether the benefit directly or indirectly from the property or the income has been derived by the person mentioned under section 13(3) of the Act or as to whether the assessee Trust record entire receipt or expenses in the books of accounts. In the present case nothing is brought on record to substantiate that the A.O. had undertaken aforesaid exercise as regards to the provisions contained in Section 11, 12 and 13 of the Act. - AT

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