2014 (8) TMI 1154 - AT - Income Tax

Disallowance of exemption u/s. 11 - Held that - CIT(A) while dismissing the revenue s appeal has held Since the Hon ble Tribunal has restored the registration u/s. 12A granted to the appellant-Trust, exemption u/s. 11 cannot be denied to the appellant trust. Hence, the A. O. is directed to grant exemption u/s. 11 of the Income Tax Act, given that the appellant s registration is restored. Since CIT(A) has restored the registration of assessee by following the decision of Tribunal in assessee s own case passed 2012 (2) TMI 659 - ITAT KOLKATA and Ld. Sr. DR is unable to point out any mistake in the said order, we find no infirmity in his order and the same is hereby upheld. This appeal of revenue is dismissed.

Summary

Issues:
1. Disallowance of exemption u/s. 11 of the Income-tax Act, 1961.

Analysis:
The appeal before the Appellate Tribunal ITAT Kolkata arose from the order of the CIT(A), Central-III, Kolkata concerning the disallowance of exemption u/s. 11 of the Act for Assessment Year 2009-10. The Revenue challenged the CIT(A)'s decision, arguing that the circumstances and evidence presented during the assessment were not fully appreciated. The key contention was the cancellation of the registration of the assessee trust u/s. 12A by the CIT, C-III, Kolkata, leading to the denial of exemption u/s. 11 of the Act based on the assessee's status as an AOP.

Upon hearing both sides and examining the facts, the Tribunal noted that the assessee trust had appealed the cancellation of registration u/s. 12A before the ITAT, which subsequently overturned the CIT's decision and restored the registration. Consequently, the CIT(A) directed the AO to grant exemption u/s. 11 to the assessee trust based on the ITAT's decision. The Tribunal upheld the CIT(A)'s decision, emphasizing that since the registration was reinstated, the exemption u/s. 11 could not be denied to the trust. The Tribunal found no error in the CIT(A)'s order, and the appeal of the Revenue was dismissed accordingly.

In conclusion, the Tribunal affirmed the CIT(A)'s ruling, highlighting the significance of the ITAT's decision in restoring the registration of the assessee trust, which warranted the grant of exemption u/s. 11 of the Income-tax Act. The judgment underscored the importance of registration status in determining eligibility for exemptions under the Act, ultimately upholding the decision in favor of the assessee trust.