9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (12) TMI 559 - AT - Income TaxDeemed Registration u/s 12A - Exemption under Sections 11 and 12 - Held that - As per the assessee, it had submitted Form No.10A for the purpose of such registration as early as 7.12.2000. Nevertheless, having not received any order on such application, assessee submitted one more application on 13.12.2008. The CIT acted on second application and granted it registration under Section 12A with effect from 1.4.2008. Thus submission of second application by the assessee on 13.12.2008 will not efface the effect of its earlier application on 7.12.2000. The legal consequence arising out of such application will continue unblemished. If the assessee had made an application on 7.12.2000 in Form No.10A for a registration under Section 12A and if such application was not dealt with by the Department either by issuing an order denying registration or by issuing an order granting registration, thus in absence of an order either denying registration or granting registration, where the statutorily allowed time for dealing with an application in this regard had expired, registration would be deemed as granted - matter has to go back to the file of the A.O. for verifying whether assessee had indeed made an application prior to the impugned assessment year, before the appropriate authority for registration under Section 12A in Form 10A - The CIT(Appeals) did not put this issue before the AO while asking for a remand report. - Matter remanded back to AO to verify the facts.
Issues:
1. Deletion of addition made by Assessing Officer 2. Direction to treat the assessee as registered under Section 12A of the Income-tax Act, 1961 Issue 1: Deletion of addition made by Assessing Officer The Revenue filed an appeal against the deletion of an addition of Rs. 1,51,13,899/- made by the Assessing Officer (A.O.). The A.O. disallowed the claim of exemption under Section 11 of the Act as the assessee did not have the required registration for the impugned assessment year. The CIT(Appeals) directed the A.O. to allow the claim under Sections 11 and 12 of the Act, based on the argument that the registration should be deemed as granted due to the absence of any order on the application filed by the assessee on 7.12.2000. The CIT(Appeals) relied on the decision of the Hon'ble Allahabad High Court in a similar case. The Revenue contended that there was a violation of natural justice as the issue of the application made by the assessee was not raised before the A.O. Issue 2: Direction to treat the assessee as registered under Section 12A The main question was whether the assessee could be deemed as registered under Section 12A of the Act for the impugned assessment year. The assessee claimed to have submitted Form No.10A for registration on 7.12.2000, and a second application on 13.12.2008, which was granted registration with effect from 1.4.2008. The Tribunal held that the first application on 7.12.2000 should be considered, and if no order was issued within the stipulated time, registration would be deemed as granted. The Tribunal cited relevant case law to support this position. However, it noted that the information regarding the first application was not presented before the A.O., and the matter needed verification. Therefore, the Tribunal remitted the case back to the A.O. to verify the application and registration status. In conclusion, the Tribunal partly allowed the Revenue's appeal for statistical purposes, remitting the matter back to the A.O. for verification of the application for registration under Section 12A. The judgment highlighted the importance of proper documentation and procedural adherence in matters of tax exemptions and registrations under the Income-tax Act, 1961.
|
