TaxTMI 
TaxTMI 
2021 (10) TMI 1466
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....er on the facts and in the circumstances of the case and in law the Ld.CIT(A)was justified in allowing the appeals of the assessee for both the AYs relying on the order no. 11 A Nos. 3377, 3378/Mum/20I8 for AY 2013- 14 and 2014-15 respectively in which the ITAT had relied on the decision of the order no. ITA no. 2827/Mum/2014 dt. I2.6.2019 in assessee's own case in which the ITAT had set aside the impugned order of Principal Commissioner of Income Tax for cancellation of registration of trust u/s. 12A, however, the Revenue has not accepted the decision of the both the above orders and has filed an appeal against those orders before the Hon'ble High Court, and 2014-15 respectively in which the ITAT had relied on the decision of the o....
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....A No. 2827/Mum/2014 has restored registration cancelled u/s 12AA(3) of the I.T.Act, 1961 by the CIT-Central with effect from AY 2001-02. No doubt, once the assessee is registered u/s 12A of the Act, 1961, then it is entitled for exemption u/s 11 of the I.T.Act, 1961, but entitlement of exemption u/s 11 should be examined for each assessment year in light of activities of the assessee and provisions of section 11 and 13 of the Act, 1961, irrespective of the fact that the trust is registered u/s 12A of the I.T.Act, 1961. In this case, the main reason for cancellation of registration u/s 12A of the I.T.Act, 1961 as per CIT-Central is violations of provisions of section 11 and 13 of I.T.Act, 1961. In our consider view, entitlement of exemption ....
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.... this regard a report was called for from Assessing Officer. Since order of CIT u/s. 12AA(3), stands set aside and registration originally granted u/s. 12AA on 22.01.2019 stands restored vide ITAT order dated 12.06.2019, and no fact of violation of section 11 or 13 has been specifically pointed out by AO in the assessment order. Neither has AO brought out such fact before me, on being specifically requested to verify vide letter dated 07.10.2019 the raison d'etre of denial of exemption u/s. 11 by AO for both the assessment years ceases to exist." 5. The grounds for A.Y. 2016-17 read as under :- "Whether on the facts and in the circumstances of the case and in Anr. the l.d.CIT(A) was justified in allowing she appeals of the assessee r....