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TMI Blog2018 (4) TMI 1762X X X X Extracts X X X X X X X X Extracts X X X X ..... om April 1, 1997. As per the substantive law applicable to the present case in force at the relevant point of time, the only condition mandated under section 12A to claim benefit of exemption under section 11 would be to have filed the application for registration of the trust in the prescribed manner before July 1, 1973 or before the expiry of a period of one year from the date of creation of the trust or the establishment of the institution whichever was later. There is no mandate in the law as it then stood to have applied and obtained registration to claim exemption. Mere filing of an application in terms of section 12A was sufficient to claim the benefit of exemption. The Central Board of Direct Taxes Circular No. 762 dated February ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ame assessee and have raised common questions, all the appeals are clubbed and are disposed of by a common order. The order in I.T.A. No. 9 of 2018 relating to the assessment year 2012-13 is a separate order and as the same raises questions considered in I.T.A. Nos. 187, 188, 189, 190 of 2017, the said appeal is also clubbed with the present appeals. 2. The Revenue has preferred these appeals challenging the order dated October 21, 2016 passed by the Income-tax Appellate Tribunal A Bench, Bengaluru, whereby the orders of the Tribunal in I.T.A. Nos. 531/Bang/ 2015, 532/Bang/2015, 533/Bang/2015, 534/Bang/2015 and the order dated April 4, 2017 passed in ITA. No. 9 of 2018 have been assailed. 3. The Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d before the Commissioner of Income-tax (Appeals) came to be dismissed against which, the appeals were preferred before the Tribunal. The Tribunal by virtue of the impugned orders after adverting to the contentions of the assessee and the Revenue allowed the appeals setting aside the order of the Commissioner of Income-tax (Appeals) holding that the assessee was eligible to the grant of exemption under section 11, as there was no specific requirement of registration under section 12A of the Act. 6. The Tribunal observed that section 12AA had been inserted by the Finance (No. 2) Act, 1996 which was effective from April 1, 1997 and hence the procedure prescribed under the amended provision was prospective. However, in the pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee is entitled for section 12A registration by holding that there was no requirement for grant ing section 12A registration by the Commissioner of Income-tax for the period under consideration ? (2) Whether on the facts and in the circumstances of the case, the Tribunal was correct in holding that the assessee is eligible for grant of exemption by following its earlier order in the case of Karnataka Golf Association v. DIT (Exemption) reported in [2005] 272 ITR (AT) 123 (Bangalore) ? (3) Whether on the facts and in the circumstances of the case, the Tribunal was correct in not adjudicating on the issue of scope of section 12AA(2) raised by the Department ? (4) Whether on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting registering the trust or institution or refusing to register the trust or institution. It was further provided that applications would have to be decided either way before the expiry of six months from the end of the month in which the application was received under the provisions of section 12A. 12. It is thus clear that the application filed by the assessee in the present case was on December 31, 1993 which was before the introduction of section 12AA which came into effect only from April 1, 1997. As per the substantive law applicable to the present case in force at the relevant point of time, the only condition mandated under section 12A to claim benefit of exemption under section 11 would be to have filed the appli ..... X X X X Extracts X X X X X X X X Extracts X X X X
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