9911796707
TMI Blog2017 (1) TMI 452X X X X Extracts X X X X X X X X Extracts X X X X ..... ear 2009-10. The assessee is eligible for registration u/s. 12AA in the present assessment year i.e. AY 2012-13, as a result thereof, also eligible for exemption claimed during the AY 2012-13. Accordingly, the addition in dispute is not sustainable in the eyes of law. Hence, we set aside the orders of the lower authorities and delete the addition in dispute. - Decided in favour of assessee - I.T.A. No. 305/DEL/2016 - - - Dated:- 4-1-2017 - Shri H. S. Sidhu, Judicial Member And Shri Prashant Maharishi, Accountant Member Assessee by : Sh. Anil Kanoida, CA Department by : Sh . Umesh Chand Dubey, Sr. DR ORDER Per H. S. Sidhu, JM Assessee has filed this Appeal against the impugned Order dated 17.11.2015 passed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Act alongwith detailed questionnaire were issued on 5.12.2014. In response thereto, Asseessee s AR attended and filed the information/details from time to time. The assessee Company is registered u/s. 25 of the Companies Act, 1956. No business activities had been carried out by the assessee company during the previous year relevant to the assessment year under consideration. The only source of income is interest on FDR. The assesee in its return had claimed exemption u/s. 11 of the I. T. Act. Assessee was asked to furnish Certificate u/s. 12A for the relevant year. The assessee replied that registration u/s. 12A was not granted by the Ld. CIT, Faridabad. Against the order of the Ld. CIT, assessee appealed before the ITAT, Delhi which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee is not registered u/s. 12AA for the year under reference. Ld. CIT(A) has discussed this fact with the AR of the assessee who explained that the registration u/s. 12AA had been wrongly given by the CIT(E) w.e.f AY 2015-16 although the date of application u/s. 12A was 26.6.2009. The assessee contended that he was in fact eligible for registration u/s. 12AA w.e.f AY 2010-11 and as such the exemption claimed during the AY 2012-13 may be allowed to him. However, Ld. CIT(A) has observed that the fact remains that the assessee society is not registered u/s. 12AA for the AY under reference, therefore, the assessee is not eligible for the benefits of the deduction u/s. 11/12 of the I.T. Act and accordingly, dismissed the appeal of the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the year from which the benefit of registration was written as Assessment Year 2015-16 instead of Assessment year 2009-10 . The same was accordingly rectified. A copy of the letter together with the enclosure is taken on record as marked X . 2. In view thereof the petitioner s grievance so far as, this writ petition is concerned stands redressed. The consequential effect would have to be given in accordance with law. An appeal is pending before the CIT (Appeals) and before ITAT. The order of rectification shall be considered by the CIT(A) and the Tribunal while disposing of the appeals. We would request the expeditiously disposal of the appeals. The petitioner shall be entitled to appear before the CIT(A) and the Tribunal to inv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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