2023 (1) TMI 1397 - HC - Income Tax

Applicability of section 12A on Trust which is registered prior to 01.04.1997 - HELD THAT - This question has been answered in favour of the appellant by the Hon ble Supreme Court vide judgment of Industrial Infrastructure Development Corporation (Gwalior) M.P. Ltd. Vs. Commissioner of Income Tax Gwalior 2018 (2) TMI 1220 - SUPREME COURT . Respondent is not disputing the above said fact. This appeal is being disposed of that the case of appellant can be considered as per the judgment as at Annexure A-3.

Summary

Issues Involved:
1. Prayer for disposal of the appeal.
2. Applicability of Section 12A of the Income Tax Act, 1961 to a Trust registered before 01.04.1997.

Detailed Analysis:

1. The appellant filed an application seeking the disposal of the appeal, referring to an earlier order admitting the appeal. The court noted that parties could seek out-of-turn disposal post a specific decision. The application was allowed, and the main case was taken up for consideration on that day.

2. The main issue in the appeal was whether Section 12A of the Income Tax Act, 1961 would apply to a Trust registered before 01.04.1997. The appellant's stance was supported by a judgment of the Hon'ble Supreme Court in CA No.6262 of 2010, "Industrial Infrastructure Development Corporation (Gwalior) M.P. Ltd. Vs. Commissioner of Income Tax, Gwalior," which favored the appellant's position. The respondent's counsel did not contest this fact.

3. Considering the Supreme Court's judgment and the lack of dispute from the respondent, the court disposed of the appeal in favor of the appellant, allowing the appellant's case to be considered in line with the judgment provided in Annexure A-3.

This judgment primarily addressed the procedural aspect of disposing of the appeal as per the applicant's request and resolved the substantive issue concerning the applicability of Section 12A of the Income Tax Act to a Trust registered before a specific date, relying on a relevant Supreme Court decision.