M/S ATMA BODHODAYA SANGHAM SREE SUBHANANDA TRUST,ALAPPUZHA vs. CIT(EXEMPTION), KOCHI
Facts
The appellant, a charitable trust, sought retrospective effect for its registration under Section 12A of the Income Tax Act, 1961. The trust, initially registered under Section 12A in 1988, experienced issues with provisional registrations under a new regime and subsequently obtained fresh provisional registration under Section 12A, but only prospectively.
Held
The Tribunal held that Section 12AB of the Income Tax Act does not provide for registration with retrospective effect. Therefore, the appeal seeking retrospective application of registration under Section 12A was found to be without merit.
Key Issues
Whether registration under Section 12A of the Income Tax Act can be granted with retrospective effect under the provisions of Section 12AB.
Sections Cited
12A, 12AB, 10(23)
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Income Tax Appellate Tribunal, COCHIN BENCH
IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH BEFORE SHRI INTURI RAMA RAO, AM AND SHRI PRAKASH CHAND YADAV, JM ITA No. 107/Coch/2025 Aatma Bodhodaya Sangham Sree .......... Appellant Subhananda Trust 1, Cherukol, Mavelikkara, Alappuzha 690104 [PAN: AAATA7350B] vs. Commissioner of Income Tax (Exemption) .......... Respondent Kochi Appellant by: Shri Dinesh T.P., Advocate Respondent by: Shri Sundarasan S., CIT-DR Date of Hearing: 28.05.2025 Date of Pronouncement: 27.06.2025
O R D E R Per: Inturi Rama Rao, AM This appeal filed by the assessee is directed against the order of the Commissioner of Income Tax (Exemptions), Kochi dated 06.12.2024.
Brief facts of the case are that the appellant is a charitable trust incorporated with the purpose of running charitable activities. The trust was originally registered u/s. 12A of the Income Tax Act, 1961 (the Act) on 23.03.1988. Subsequently, the appellant had filed an application for provisional registration under the new regime but inadvertently selected section 23 due to technical error. Provisional
2 ITA No. 107/Coch/2025 Aatma Bodhodaya Sangham Sree Subhananda Trust registration u/s. 10(23) was granted on 22.09.2021 valid for a period upto March, 2024. Further, vide subsequent proceedings dated 22.09.2022 provisional registration was cancelled and applied for fresh registration u/s. 12A of the Act on 18.03.2023 and the provisional registration was granted u/s. 12A vie order dated 06.12.2024. The present appeal is filed seeking retrospective effect of registration u/s. 12A of the Act.
The provisions of section 12AB does not provide for registration with retrospective effect. Therefore, we do not find any merit in the appeal filed by the assessee.
In the result, the appeal filed by the assessee stands dismissed.
Order pronounced in the open court on 27th June, 2025.
Sd/- Sd/- (PRAKASH CHAND YADAV) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER Cochin, Dated: 27th June, 2025 n.p. Copy to: 1. The Appellant 2. The Respondent 3. The Pr. CIT concerned 4. The Sr. DR, ITAT, Cochin 5. Guard File Assistant Registrar ITAT, Cochin
