2010 (9) TMI 1238

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....er - This is an appeal by the assessee against the order dt. 18th June, 2010 of the learned CIT-II, Lucknow passed under s. 12AA(1)(b)(i) of the IT Act, 1961. 2. The only grievance of the assessee in this appeal relates to the granting of registration under s. 12AA(1)(b)(i) of the IT Act w.e.f. 26th March, 2010 instead of 28th Aug., 2009 i.e., date on which the society was constituted and re....

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....f the learned CIT. 5. The learned counsel for the assessee submitted that as per the provisions contained in sub-s. (2) of s. 12A of the IT Act, the registration should have been granted w.e.f. 28th Aug., 2009 i.e., the date on which the society was constituted and not from 26th March, 2010. 5.1 In his rival submissions, the learned Departmental Representative strongly supported the order of....

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....nd was registered with the Registrar of Societies w.e.f. 28th Aug., 2009. However, the learned CIT has granted the registration under s. 12AA(1)(b)(i) of the IT Act w.e.f. 26th March, 2010. To resolve this controversy, the provisions of s. 12A(2) of the IT Act are required to be considered. The said provisions read as under : "Sec. 12A (2) Where an application has been made on or after th....

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....s case, provisions of ss. 11 and 12 shall apply in relation to the asst. yr. 2010-11 and the financial year 2009-10. In the provisions contained in sub-s. (2) of s. 12A of the IT Act nowhere it is mentioned that the provisions of ss. 11 and 12 shall apply from a particular date. In other words, the provisions are silent about the date, rather the provisions are applicable from the assessment year.....