SWAMI VIVEKANANDA KARMA TIRTHA,KOLKATA vs. ITO, WARD-44(1), KOLKATA

PDF · subscribers
ITA 12/KOL/2022Status: DisposedITAT Kolkata14 March 2023AY 2019-203 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The tribunal held that the assessee is entitled to exemption under section 11 read with section 12A for the assessment year 2019-20, as the objects and activities remained the same and the assessment proceedings were pending on the date of registration.

What were the facts?

The assessee's registration under section 12A was granted on January 22, 2020, for assessment year 2020-21. However, assessment proceedings for the preceding year, 2019-20, were pending before the Assessing Officer at that time.

What were the issues?

Whether an assessee is eligible for exemption under Section 11 r.w.s 12A for a preceding assessment year when assessment proceedings were pending on the date of registration under Section 12A and the trust's objects and activities remained the same.

Which sections of the Income-tax Act were involved?

Section 11,Section 12A,Section 12AA,Section 12AB

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH KOLKATA

Before: Shri Sanjay Garg

order : March 14, 2023 आदेश / ORDER The present appeal has been preferred by the assessee against the order dated 19.11.2021 of the National Faceless Appeal Centre [hereinafter referred to as ‘CIT(A)’] passed u/s 250 of the Income Tax Act (hereinafter referred to as the ‘Act’).

2.

The sole issue involved in this appeal is whether the assessee is entitled to exemption u/s 11 r.w.s 12A of the Act in respect of assessment year, the assessment proceedings relating to which was pending before the Assessing Officer on the date of registration of the assessee u/s 12A of the Act and the objects and activities of such trust or institution remained the same for such preceding assessment year. In this case, the registration was granted to the assessee on 22.01.2020 for assessment year 2020-21. However, on the date of grant of Assessment Year: 2019-20 Swami Vivekananda Karma Tirtha registration, the assessment proceedings relating to assessment year 2019-20 were pending before the Assessing Officer and it is not the case of the Revenue that the objects and activities of the assessee were different or to say there is no rebuttal to the plea of the assessee that the objects and activities of the assessee were the same for the preceding year i.e. 2019-20. The issue is squarely covered by Second Proviso after sub-section 2 of section 12A of the Act, which, for the sake of ready reference, is reproduced as under: “Provided further that where registration has been granted to the trust or institution under section 12AA or section 12AB], then, the provisions of sections 11 and 12 shall apply in respect 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.”

3.

In view of the above, the assessee is entitled to exemption u/s 12A of the Act for the assessment year under consideration. It is ordered accordingly. The impugned order of the CIT(A) is set aside and the Assessing Officer is directed to grant the admissible exemption to the assessee u/s 11 of the Act.

4.

In the result, the appeal of the assessee stands allowed.

1.

Kolkata, the 14th March, 2023. Sd/- [संजय गग� /Sanjay Garg] �या�यक सद�य/Judicial Member Dated: 14.03.2023. RS

Assessment Year: 2019-20 Swami Vivekananda Karma Tirtha Copy of the order forwarded to: 1. Swami Vivekananda Karma Tirtha 2. ITO, Ward-44(1), Kolkata 3. CIT (A)- 4. CIT- , 5. CIT(DR),

More judgments on Section 11

All 7,190 judgments and leading authorities on Section 11 →

Recent GST High Court judgments

Search GST case law →