2010 (9) TMI 1238 - AT - Income Tax

Summary

Issues involved: Appeal against order u/s 12AA(1)(b)(i) of the IT Act regarding the date of granting registration to a society under the Societies Registration Act, 1860.

Summary:
The appeal was filed by the assessee against the order of the CIT-II, Lucknow u/s 12AA(1)(b)(i) of the IT Act, 1961, regarding the date of granting registration to a society. The grievance of the assessee was related to the registration granted w.e.f. 26th March, 2010, instead of 28th Aug., 2009, the date of constitution of the society. The CIT granted registration from 26th March, 2010, citing an amendment in the society's memorandum of association on that date. The assessee contended that registration should have been granted from 28th Aug., 2009, as per s. 12A(2) of the IT Act. The Departmental Representative supported the CIT's order, stating that the amendment made the society eligible for registration u/s 12AA(1)(b)(i). The ITAT considered the provisions of s. 12A(2) and held that the society should be eligible for benefits from the date of its constitution, i.e., 28th Aug., 2009, modifying the CIT's order accordingly. The appeal of the assessee was allowed, granting registration to the society w.e.f. 28th Aug., 2009.