2019 (3) TMI 1160

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....(hereinafter referred to as 'the Act') despite the fact that the Trust is duly registered u/s.12A/12AA of the Act. 3. The brief facts in this case as appearing in the order of the Ld. CIT(Appeals) wherein he observes that the assessee is not registered u/s.12A of the Act. The Ld. CIT(Appeals) further states that it does not appear that even the application for registration u/s.12A of the Act was made before prescribed authority by the assessee trust. Merely because of the statement that the registration u/s.12A of the Act was granted by the CIT (Exemptions) but the same is missing, in no way proves that the assessee was actually registered under the said section which is a condition precedent for eligibility of benefit of exemption u/s.1....

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.... 40 and 44 of the paper book wherein the copies of acknowledgements of return filed for the various assessment years have been enclosed and from there it is evident that the assessee was already registered u/s.12A of the Act. 4.1 The Ld. AR further submitted that once the registration certificate u/s.12A of the Act has been granted, there is no need for any kind of renewal application or any kind of application for continuance of such registration certificate even after the amendment coming into effect of section 12AA of the Act. Once registration u/s.12A/12AA of the Act is granted, it goes on for perpetuity until and unless expressly canceled as per provisions of law by the Issuing Authority. In the case of the assessee nothing as such ....

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.... duly complied with by the assessee. The requirement of law is crystal clear that once registration u/s.12A or even after amendment section 12AA is granted then it is for perpetuity until or unless expressly revoked by the Department as per provisions of law. Through the copies of return acknowledgements filed before us, it is clear that the assessee was claiming the benefit of registration u/s.12A of the Act and subsequently getting benefit u/s.11 of the Act especially from assessment year 2004-05 to 2006-07. The facts further reveal that in order to keep all speculations at rest, the assessee has again applied for fresh registration u/s.12AA of the Act on 17.06.2013 and have got the certificate of registration u/s.12AA of the Act from 10.....