ACIT(E), LUCKNOW vs. M/S BABU YUVRAJ SINGH SEWA SANASTHAN, FATEHPUR

ITA 263/LKW/2020Status: DisposedITAT Lucknow17 July 2026AY 2014-159 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that since the assessee obtained registration under section 12A during the pendency of assessment proceedings, the benefit of exemption under sections 11 and 12 should be granted retrospectively as per CBDT Circular and judicial precedents. The AO's failure to apply the circular was a legal error.

What were the facts?

The assessee, a trust running schools, filed its return declaring nil income. The AO made additions for corpus donations and building fund as the trust was not registered under section 12A. The CIT(A) deleted these additions, granting retrospective benefit of section 12A registration obtained during assessment proceedings.

What were the issues?

Whether the benefit of section 12A registration obtained during assessment proceedings can be applied retrospectively for exemption under sections 11 and 12 for the assessment year in question.

Which sections of the Income-tax Act were involved?

Section 12A,Section 10(23C),Section 11(1)(d),Section 68,Section 143(3),Section 11,Section 12,Section 12A(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, LUCKNOW BENCH “A”, LUCKNOW

Before: SHRI. SUDHANSHU SRIVASTAVA & SHRI NIKHIL CHOUDHARY

For Appellant: Shri Amit Kumar, D.R

PER SUDHANSHU SRIVASTAVA, J.M.:

This appeal has been preferred by the Assessee against the order dated 11.06.2020, passed by the Learned Commissioner of Income Tax (Appeals) [Ld. CIT(A)] for Assessment Year 2014-15. 2.0 The brief facts of the case are that the assessee is a Trust, running several Schools. The assessee filed its income in ITR-7 for the year under consideration on 22.12.2014 declaring Nil income. The case of the assessee was selected for scrutiny. During the course of assessment proceedings, the assessee furnished before the AO the copy of Registered Trust Deed dated

ITA No.263/LKW/2020 18.11.2004. The AO noticed that the assessee-Trust was not registered under section 12A of the Income Tax Act, 1961 (hereinafter called 'the Act’) and that

The order continues below.

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