MAHARAJA AGGARSAIN SHIKSHA SAMMAN YOJNA, ,THANESAR vs. ITO-WARD-1, KURUKSHETRA

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ITA 781/CHANDI/2023Status: DisposedITAT Chandigarh14 November 2024AY 2018-19Bench: SHRI SANJAY GARG (Judicial Member)3 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the first proviso to Section 12A(2) is applicable, allowing the benefit of Sections 11 & 12 for preceding assessment years if the assessment is pending and registration is subsequently granted. The CIT(E) was directed to grant the benefit accordingly.

What were the facts?

The assessee was denied the benefit of Section 11 of the Income Tax Act for AY 2018-19 as registration under Section 12A was granted only from AY 2022-23. The assessee argued that a previous ITAT order had directed the CIT(E) to adjudicate the 12A registration application, which was not complied with.

What were the issues?

Whether the benefit of Section 11 can be extended retrospectively to AY 2018-19 when Section 12A registration was granted later, and if the proviso to Section 12A(2) is applicable.

Which sections of the Income-tax Act were involved?

Section 11,Section 12,Section 12A,Section 12A(2)

AI-generated summary — verify with the full judgment below

(PHYSICAL HEARING) िनधा��रतीकीओरसे/Assessee by : Shri. Parikshit Aggarwal, C.A. राज�कीओरसे/ Revenue by : Dr. Ranjeet Kaur, Sr. D.R. सुनवाईकीतारीख/Date of Hearing : 12.11.2024 उदघोषणाकीतारीख/Date of Pronouncement : 14.11.2024 आदेश/Order The present appeal has been preferred by the assessee against the order passed by the ld. Commissioner of Income Tax, Appeal National Faceless Appeal Centre (NFAC), Delhi dated 20.09.2023 for the Assessment Year: 2018-19. The assessee in this appeal is aggrieved by the action of the ld. CIT(A) confirming the decision of the Assessing Officer in not granting benefit under Section 11 of the Income Tax Act to the assessee by holding that the assessee has been granted registration under Section 12A of the Income Tax Act w.e.f. assessment year 2022-23 and that impugned assessment year Maharaja Aggarsain Shiksha Samman Yojna v. ITO 2 is A.Y 2018-19 and that the said benefit cannot be extended retrospectively to the AY 2018-19.

2.

The ld. counsel, firstly, brought my attention to the order of his Tribunal passed in for assessment year 2018-19 whereby the Tribunal vide order dated 05.12.2019 has restored the matter to the file of the ld. CIT(E) to adjudicate afresh on the application of the assessee for registration u/s 12A of the Income Tax Act. The ld. counsel in this respect has submitted that till date the said direction given by the Tribunal vide order dated 05.12.2019 has not been complied with by the ld. CIT(A).

3.

The ld. counsel has further submitted that subsequently the assessee has been granted registration u/s 12A of the Income Tax Act w.e.f. assessment year 2022-23. He, in this respect has relied upon first proviso to section 12A(2) of the Income Tax Act to submit that where the registration has been granted to a Trust or Institution under Section 12AA of the Act, then the provisions of section 11 & 12 shall apply to the income of such an assessee from the property held under the trust for any preceding assessment year also, subject to the condition that assessment of such preceding year is pending before the Assessing Officer on the date of such registration.

Maharaja Aggarsain Shiksha Samman Yojna v. ITO 3 4. The ld. counsel, therefore, has submitted that as per the aforesaid proviso, since the assessment for the year under consideration was pending as the issue relating to registration under section 12A for the A.Y. 2018-19 was pending before the CIT(E), hence, the assessee is entitled to deduction as per provisions of sections 11 & 12 of the Act.

I find that proviso of section 12A(2) is squarely applicable to the case in hand, therefore, the ld. CIT(E) is directed to give benefit accordingly for the assessment year under consideration to the assessee.

5.

In the result, the appeal of the assessee is hereby allowed.

Order pronounced in the open court on 14.11.2024.

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