BASUKINATH SHIV MANDIR NYAS SAMITY,DUMKA vs. ITO, DHANBAD
What did the Tribunal hold?
The Tribunal restored the appeals to the Assessing Officer to re-do the assessment considering the retrospective effect of the Section 12A registration. Consequential penalty appeals were deleted as the quantum appeals were set aside.
What were the facts?
The assessee, Basukinath Shiv Mandir Nyas Samity, was granted registration under Section 12A of the Income Tax Act retrospectively. The assessee argued that this registration should apply to the pending assessment years, allowing for benefits under Sections 11 and 12.
What were the issues?
Whether the retrospective grant of Section 12A registration entitles the assessee to claim exemptions under Sections 11 and 12 for past assessment years where appeals were pending.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, RANCHI BENCH, RANCHI
Before: SHRI GEORGE MATHAN & SHRI RATNESH NANDAN SAHAY
PER: BENCH
These are the appeals filed by the assessee against the separate orders of the ld. CIT(A), NFAC, Delhi dated 13/10/2025, 27/10/2025 and 21/10/2025 for the A.Y. 2016-17 and 2019-20 respectively.
Shri Devesh Poddar and Shri D.N. Dokania, ld. ARs appeared for the assessee and Shri Kailash V. Gautam, ld. Sr.DR appeared for the revenue.
ITA No. 390/Ran/2025 is the quantum appeal in regard to the A.Y. 2016-17 and ITA No. 393/Ran/2025 is the quantum appeal in regard to the A.Y. 2019-
The other appeals are all against penalties levied and confirmed. It was submitted by the ld.
The order continues below.
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