LORD KRISHNA UCHYA SHIKSHA PRASAR SAMITI, DATIA,DATIA vs. ITO, DATIA, DATIA

ITA 129/AGR/2022Status: DisposedITAT Agra10 February 2025AY 2017-18Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI MANOJ KUMAR AGGARWAL (Accountant Member)3 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the assessee was entitled to the exemption as the Section 12AA registration was granted before the reassessment order was passed. The Tribunal distinguished the cited High Court decision based on the facts of the case.

What were the facts?

The assessee claimed Section 11 exemption for AY 2017-18. Both lower authorities rejected the claim because the Section 12AA registration was granted retrospectively. The Revenue relied on a High Court and Supreme Court decision disallowing similar exemptions.

What were the issues?

Whether the assessee is entitled to Section 11 exemption when Section 12AA registration was granted retrospectively. Whether the benefit of Section 12AA registration can be denied if obtained before the reassessment order.

Which sections of the Income-tax Act were involved?

Section 11,Section 12AA,Section 147

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Cases cited in this judgment(2)Show list

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Income Tax Appellate Tribunal, “DB” BENCH, AGRA

Before: SHRI SATBEER SINGH GODARA & SHRI MANOJ KUMAR AGGARWAL

Hearing: 10.02.2025Pronounced: 10.02.2025

PER SATBEER SINGH GODARA, JUDICIAL MEMBER:

This assessee’s appeal for assessment year 2017-18 arises against Commissioner of Income Tax(Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN & Order No. ITBA/NFAC/S/250/2022-23/1043283678(1) dated 01.06.2022, involving proceedings u/s 147 of the Income-tax Act, 1961, [hereinafter referred to as the ‘Act’].

P a g e | 2 Lord Krishna Uchya Shiksha Prasar Samiti

2.

Heard both the parties at length. Case file perused.

3.

It emerges during the course of hearing that both the lower authorities have rejected the assessee’s section 11 exemption claimed for

The order continues below.

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