2017 (7) TMI 100

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....y. Since these appeals pertain to the same assessee, for the sake of convenience, they are clubbed together, heard together and are being disposed of in this consolidated order. 2. First we shall take up the appeal filed by the assessee bearing ITA No.1588/Mum/2015: 3. The issue raised in ground no.1 is against the confirmation of the order of the AO in treating the registration u/s 12A as deemed to be cancelled thereby denying the exemption u/s 11 and u/s 12 of the Income Tax Act, 1961 and assessing the income at Rs. 5,88,70,787/- under the normal provisions of Act. 4. Brief facts of the case are that the assessee filed return of income on 29.9.2010 along with the income and expenditure account, balance sheet and audit report in f....

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....ld not be treated as not registered u/s 12A of the Act. The assessee has filed detailed reply vide letter which was incorporated by the AO in his order at pages 3 and 4. The AO after perusing the submissions and contentions of the assessee was not convinced with the same and came to the conclusion that in view of the non-registration of the trust under section 12A with Director (Ex), Mumbai after amendment in the object clause, the benefit provided under sections 11 and 12 of the Act could not be given/allowed to the assessee and accordingly assessed the assessee in the status of Association of Persons (AOP) by passing order under section 143(3) of the Act by assessing the income of the assessee at Rs. 6,89,24,869/-. Being aggrieved, the as....

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....of the LT. Act, 1961- reg. Ref : Letter No.SHR/597/ 15-16 dated 23/03/2016.                 ***** Please refer to the above. 2. Vide above stated letter a request has been made to take on record the amended trust deed and grant benefit of exemption u/s. 11 and 12 of the LT. Act, 1961. It is also noted that similar requests was made on 24/09/2012 and 12/03/2013. 3. This is to inform you that the new trust deed which was amended on 15/03/2004 and duly approved by the Charity Commissioner, Mumbai under a scheme for the management and administration of the trust u/s.50A(1) of the Bombay Public Trusts Act, 1950 has been taken o....