9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (1) TMI 1299 - AT - Income TaxExemption u/s 11 - grating registration u/sec. 12AA - case of the assessee is that when the ld.CIT(E) granted registration, assessment is pending with the AO for the A.Y. 2006-07, therefore ld.CIT(E) ought to have granted registration from the A.Y. 2006-07 onwards - HELD THAT - Assessee has not filed any evidence to support his argument that the assessment for the A.Y. 2006-07 is pending with the Assessing Officer and for registration, the assessee has filed the application in Form No.10A on 29/05/2008 only, therefore ld.CIT(E) granted registration taking into consideration of Form No.10A. No infirmity in the order of the ld. CIT(E), on this count also assessee is not having any case. Section 10(23C) approval - assessee has not filed any details in respect of approval of section 10(23C), therefore ld. CIT(A) has denied the exemption and confirmed the order of the Assessing Officer. Even before us, the assessee has not filed any details in respect of 10(23C) for grant of approval, therefore we find no reason to interfere with the order passed by the ld. CIT(A). By considering the entire facts and circumstances of the case, we find no reason to interfere with the order passed by the ld. CIT(A). Application of proviso to section 12A(2), we find that the additional ground raised by the assessee is not maintainable in view of our observations in preceding paragraphs. Additional ground is hereby dismissed. - Decided against assessee.
Issues:
1. Registration under section 12AA of the Act. 2. Approval under section 10(23C) for exemption. Analysis: Issue 1: Registration under section 12AA of the Act The appeal pertains to the denial of registration under section 12AA of the Act to a religious charitable trust for the Assessment Year 2006-07. The Commissioner of Income Tax (Appeals) upheld the decision of the Assessing Officer due to the absence of 12A registration or approval of 10(23C) of the Act, essential for claiming exemption of income over expenditure. The trust applied for registration on 29/05/2008, and registration was granted from 01/04/2008. The trust argued that registration should have been granted from A.Y. 2006-07 onwards as assessment was pending with the Assessing Officer. However, lacking evidence to support this claim and filing the application after the assessment period, the registration was rightly granted from 01/04/2008. The Tribunal found no fault in the decision of the CIT(E) and dismissed the appeal on this issue. Issue 2: Approval under section 10(23C) for exemption The second issue in the appeal concerns the approval under section 10(23C) for exemption. The trust failed to provide details regarding approval under section 10(23C) both before the CIT(A) and the Tribunal. Consequently, the CIT(A) denied the exemption, which was confirmed by the Tribunal. The trust did not furnish any information even during the appeal, leading to the dismissal of the appeal on this ground as well. The Tribunal, after considering all facts and circumstances, found no reason to interfere with the decision of the CIT(A) regarding the denial of exemption under section 10(23C). Additionally, an additional ground raised by the trust regarding the application of a proviso to section 12A(2) was deemed inadmissible due to the lack of merit based on the preceding observations. Therefore, the Tribunal dismissed the appeal filed by the trust. In conclusion, the Tribunal upheld the decisions of the lower authorities regarding the denial of registration under section 12AA of the Act and approval under section 10(23C) for exemption. The trust's failure to provide necessary details and evidence led to the dismissal of the appeal, emphasizing the importance of compliance with procedural requirements for claiming tax benefits.
|
