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Income Tax Appellate Tribunal, “DB” BENCH, AGRA
Before: SHRI SATBEER SINGH GODARA & SHRI MANOJ KUMAR AGGARWAL
O R D E R 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’].
It emerges during the course of hearing that both the lower authorities have rejected the assessee’s section 11 exemption claimed for the A.Y. 2017-18 herein for the precise reason that the ld. CIT(Exemption) granted Section 12AA registration on 30.09.2020 which could not be extended as carrying retrospective effect.
The Revenue vehemently quote hon’ble jurisdictional high court’s decision in CIT Vs. M/S Shiv Kumar Sumitra Devi Smarak Shikshan Sansthan (2000) 113 taxman.com 334 (All.), as upheld in (2022) 138 taxman.com 192 (SC), that assessee is not entitled for the impugned exemption benefit.
We find no merit in the Revenue stand as it has come on record that at the time of framing assessment herein dated 10.09.2021, the assessee had very well succeeded in getting Section 12AA registration. We thus quote section 12A 2nd proviso to hold that benefit of such a registration could not be denied as the re-assessment had been granted as on the date of re-assessed.
So far as the Revenue reliance of hon’ble jurisdictional high court is concerned, the said assessee’s appeal was pending before the tribunal; and, therefore, the benefit of registration under Section12A could not be Lord Krishna Uchya Shiksha Prasar Samiti held to have covered u/s 12A 2nd proviso as the facts involved herein. We accordingly accept the instant sole substantive grievance and direct the learned Assessing Officer to frame his consequential assessment as per law.
This assessee’s appeal is allowed. Order pronounced in the open court on 10.02.2025