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TMI Blog2017 (8) TMI 485X X X X Extracts X X X X X X X X Extracts X X X X ..... s AOP (Trusts). The return was processed u/s 143(1) of the Income Tax Act, 1961 (hereinafter called as 'the Act') making the adjustment of Rs. 1,12,67,382/- and raising the demand of Rs. 40,64,638/-. The return was processed u/s 143(1) of the Act by CPC, Bangalore (AO). Aggrieved by the intimation u/s 143(1) of the Act issued by the CPC, Bangalore, the assessee went on appeal before the CIT(A) and the Ld. CIT(A) dismissed the appeal of the assessee. 3. Aggrieved by the order of the CIT(A), the assessee is in appeal before this Tribunal. During the appeal hearing, the Ld. A.R. of the assessee argued that the assessee is a registered society granted registration u/s 12AA of the Act and filing the return of income regularly from the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act and assessed the status of the assessee as AOP (Trust). The assessee also filed application for registration u/s 12AA of the Act on 26.2.2016, which was granted by the CIT w.e.f. 26.2.2016. The Ld. A.R. argued that the assessee has filed application for registration way back in 1991 and filed income tax return claiming the exemption u/s 11 of the Act, which was allowed by the A.O. right from 1991. Even in the scrutiny assessments, the assessing officer has allowed the exemption. Therefore, the society has been granted registration or deemed to have been granted u/s 12AA of the Act in response to the original application dated 2.4.1991 but misplaced the registration certificate; hence he could not quote the registration number in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the returns of income for earlier years and the intimations were issued by the Income Tax Department u/s 143(1) and the exemption u/s 11 of the Act, was allowed by the revenue. Though assessee has not mentioned the registration number, equal responsibility casts up on the revenue to maintain proper records and to trace the registration number and to determine the correct status of the assessee before making any such adjustment. In this case, there was an evidence having filed application for registration but there was no evidence with the income tax department to show whether the revenue has rejected the assessee's application for registration or not but allowed the exemption claimed by the assessee. Therefore, it is evident that the soci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid on self-assessment and any amount paid otherwise by way of tax or interest; (d) an intimation shall be prepared or generated and sent to the assessee specifying the sum determined to be payable by, or the amount of refund due to, the assessee under clause (c); and (e) the amount of refund due to the assessee in pursuance of the determination under clause (c) shall be granted to the assessee; Provided that an intimation shall also be sent to the assessee in a case where the loss declared in the return by the assessee is adjusted but no tax or interest is payable by, or no refund is due to, him: Provided further that no intimation under this sub-section shall be sent after the expiry of one year from the end of the financial y ..... X X X X Extracts X X X X X X X X Extracts X X X X
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