TATSAT PUBLIC CHARITABLE TRUST,AHMEDABAD vs. THE CIT(EXEMPTION), AHMEDABAD
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that as the amended proviso to section 12AB, applicable from 01.04.2025, allows for ten years of registration under certain conditions, and the order was passed on 20.08.2025, the assessee is entitled to ten years of registration.
What were the facts?
The assessee, a Trust, applied for registration under section 12A of the Act. The CIT(Exemption) granted registration for five years instead of the ten years sought.
What were the issues?
Whether the assessee is entitled to registration for ten years under section 12AB in light of the amended proviso, when the order was passed after the amendment's effective date.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, AHMEDABAD
Before: DR. B.R.R. KUMAR, VICE-SHRI SIDDHARTHA NAUTIYAL
O R D E R
PER DR. B.R.R. KUMAR, VICE-PRESIDENT:
- This appeal is filed by the Assessee against the appellate order dated 20.08.2025 passed by the Commissioner of Income Tax, (Exemption), relating to the Assessment Year N.A.
The solitary issue raised in this appeal is that the Ld. CIT(Exemption) has erred in granting registration under section 12AB of the Act for five assessment years instead of ten assessment years.
2 | P a g e A.Y N.A 3. The facts of the case are that the assessee is a Trust and applied for registration in Form No. 10AB under the relevant provisions of the Act. The details of the Trust’s application and approval are as under: a. Application for registration (Form 10AB) dated 17.01.2025 under Sub- clause (ii) of clause (ac) of sub-section (1) of section 12A b. Order of registration (Form 10AD) dated 20.08.2025 under Sub-section (1)(b) of section 12AB
The Ld. Counsel for the assessee submitted in his written submissions that an amendment has been introduced in the proviso to sub-section (1) of section 12AB, whereby registration shall be granted for ten years instead of five years in certain cases. The amended proviso reads as under:
Provided that where an application is made under sub-clause (i) to (v) of the said clause, and the total income of such trust or institution, without giving effect to the provisions of sections 11 and 12, does not exceed rupees five crores during each of the two previous years preceding the previous year in which such application is made, the provisions of this sub-section shall have effect as if for the words ‘five years’, the words ‘ten years’ had been substituted.
The Ld. Counsel further submitted that as per the Finance Act, 2025, the above amendment to section 12AB is applicable from 01.04.2025. Since the assessee-trust was granted registration on 20.08.2025 for five years, it is entitled to registration for ten years in view of the amended proviso.
The Ld. DR argued that since the assessee had filed its application on 17.01.2025, he is eligible only for registration for five years. Rebutting this argument, the assessee submitted that as the order was passed by the Ld. CIT(E) on 20.08.2025, the registration should have been granted for ten years in view of the amended provisions. We direct that the assessee be granted registration approval for ten years. The Revenue, however, retains the right to revoke the 2 3 | P a g e A.Y N.A registration if the functions of the trust are found to be not in accordance with law at any point to time whether during the initial 5 years or full 10 years period. Accordingly, the appeal of the assessee is allowed.
In the result, the appeal file by the assessee is allowed.
The order is pronounced in the open Court on 12.12.2025. (SIDDHARTHA NAUTIYAL) VICE-PRESIDENT () Ahmedabad; Dated 12.12.2025
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