TaxTMI 
TaxTMI 
2020 (2) TMI 448
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....scrutiny and thereafter assessment was framed u/s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as "the Act‟) vide order dated 20.03.2015 and the total income was determined at Rs. 7,79,620/-. Aggrieved by the order of Assessing Officer, assessee carried the matter before Ld.CIT(A), who vide order dated 16.07.2019 (in appeal No. PN/CIT(A)10/ITO Exmp Wd1/223/15-16/322) dismissed the appeal of assessee. Aggrieved by the order of Ld.CIT(A), the assessee is now in appeal and has raised the following grounds:- 1) Whether the appellant having been granted registration u/s 12AA of the Income Tax Act vide Order dated 30.09.2015, by CIT (Exempt) during the pendency of proceedings before CIT (A), would be entitled to exemption u....
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....ible to claim exemption u/s 11 and 12 of the Act. He therefore, denied the claim u/s 11 and 12 of the Act and determined the total income at Rs. 7,79,620/-. 4. Aggrieved by the order of Assessing Officer, assessee carried the matter before the CIT(A), wherein inter-alia, it was submitted that the trust was registered long back and the application for original registration is not traceable. It was further stated before the CIT(A) that one of the trustees Shri Chandanlal Sarupchand Shah had stated in the affidavit that he was trustee of another trust by name Shri Godi Parashawnath Temple Trust and both the trusts were granted registration certificate by CIT on the same day. It was also submitted that the Department does not possess old recor....
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....ated 30.09.2015 and the assessment proceedings u/s 143(3) of the Act were completed by Assessing Officer on 20.03.2015 meaning thereby that no assessment proceedings for the year under consideration were pending before the Assessing Officer and therefore the said proviso to section 12A(2) would not be applicable. He thus, upheld the order of Assessing Officer. 5. Aggrieved by the order of CIT(A), the assessee is now in appeal. 6. Before me the ld. AR reiterated the submissions made before the Assessing Officer and CIT(A). She further submitted that in the past the claim of exemption u/s 11 and 12 of the Act was never denied to assessee and for the first time the benefit was denied in the year under consideration. As an alternate contenti....
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....ssessing Officer, assessee carried the matter before the CIT(A). In the interim, the assessee had applied for fresh registration before the CIT(E) and CIT(E) vide order dated 19.03.2015 has granted registration w.e.f. A.Y. 2015-16. I find that an identical issue arose in the case of Shri Krishnabai Ghat Trust Vs. ITO (Exemptions) (supra), wherein Pune Tribunal has held as under:- "6. A close scrutiny of the provision indicates that where an assessee has made an application for registration after the date specified in the sub-section (2), the provisions of sections 11 and 12 of the Act shall apply from the assessment year immediately following the financial year in which such application is made. First proviso to this section is relevant f....
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.... 8. At this juncture, it would be pertinent to note that the main object of proviso to section 12A(2) is to liberally grant the benefit of registration when the trust is otherwise engaged in genuine charitable activities and the registration has been actually granted albeit after the close of the relevant period. Purpose of this proviso is to benefit assessees in the given circumstances subject to the fulfillment of other conditions. In such a situation, the object of the proviso is furthered if its benefit is made available to the extended assessment proceedings, being, the proceedings before CIT(A). As at the time of granting registration by the ld. CIT (Exemptions) to the assessee, the appeal of the assessee was pending before the ld. CI....