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Facts
The assessee society filed its return of income for AY 2019-20 claiming exemption under Section 11. The CPC/AO declined this claim as the assessee had not provided details of registration under Section 12A/12AA or approval under Section 10(23C). The assessee argued that its application for registration filed in 1991 was pending and thus deemed to be granted.
Held
The Tribunal held that the assessee's application for registration under Section 12A, filed in 1991, was not validly pending as it did not comply with the procedures for condonation of delay and reasons. Therefore, the provisions for deemed registration under Section 12AA were not attracted. Consequently, the denial of exemption under Section 11 by the lower authorities was upheld.
Key Issues
Whether the assessee society was entitled to exemption under Section 11 when it lacked valid registration under Section 12A/12AA due to a non-compliant application process?
Sections Cited
143(1), 11, 12A, 12AA, 10(23C), 12AA(1A), 12AA(2), 12A(1)(a), 12A(1)(ac)(vi), 12A(1)(ac)(vi)(A)
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Income Tax Appellate Tribunal, Hyderabad ‘A’ Bench, Hyderabad
आदेशकी प्रयतयलयप अग्रेयर्त/ Copy of the order forwarded to:-
1. 1. यनर्ााररती/The Assessee Sri Modh Visa Gowbhuja Sajna; 4-4-334, : Girirajlane, Bank Street, Puthbowli, S.O. Nampally – 500095, Hyderabad. Deputy Commissioner of Income-tax, Exemption 2. राजस्व/ The Revenue : Circle-1(1), Hyderabad.
3. The Principal Commissioner of Income Tax, Hyderabad.