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TMI Blog2020 (10) TMI 31X X X X Extracts X X X X X X X X Extracts X X X X ..... preceding Assessment Years. Once Ld. CIT (Exemption) grants the registration certificate u/s 12AA w.e.f. 13.8.1973 the assessee shall have liberty to move application before Ld. A.O for rectification of the assessment orders for various Assessment Years in order to avail the benefit of Section 11 of the Act available for charitable trust registered u/s 12AA of the Act so that the Ld. A.O could decide accordingly - Decided in favour of assessee. - ITA No.849/Ind/2018 - - - Dated:- 29-9-2020 - SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER Appellant by : Shri Narendra Kumar Jain, CA Revenue by : Smt. Ashima Gupta, CIT ORDER PER MANISH BORAD , AM. This appeal is preferred by the assessee against the order of ld. CIT (Exemption), Bhopal dated 28.09.2018. 2. Assessee has raised following grounds of appeal; 1. Ld. CIT (Exemption) had erred in denying the registration u/s 12AA whereas he was requested to issue only duplicate copy of the certificate of Registration of the trust already been registered since 13.8.1973. 2. An opportunity of being heard is not extended to the assessee. 3. Ld. CIT(Exemption) has erred in den ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the notice of Ld.CIT (Exemption) Bhopal, along with a second application of registration u/s 12A of The Income Tax Act, 1961 dated 28-02-2019. Meanwhile Assessee submitted an appeal before Hon'ble Income Tax Appellate Tribunal (In short ITAT ) Indore on 29-10-2018 against first denial of registration but before the final hearing by the ITAT Indore, Ld. CIT (Exemption) Bhopal granted the registration to the trust on 20-08- 2019 but prospective from assessment year 2019-20. Due to this reason Ld. A.O. had hold the refunds of the trust for last six years and raised the demand for assessment year 2018-19 of ₹ 6,63,680/- and assessment year 2019-20 of ₹ 14,60,428/- totalling ₹ 21,24,108/-. Though Ld. CIT (Exemption) who initially denied the registration u/s 12AA of the Act to the assessee alleging it to be a Public Trust not running for charitable purposes subsequently granted the registration effective for Assessment Year 2019-2020. 5. Before us the assessee s main grievance is that the registration certificate granted by Ld. CIT (Exemption) should be w.e.f. 13.08.1973 since the assessee trust is consistently running for charitable purposes. Ld. Counsel for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ortunity of being heard to the Assessee .as limitation period of six months was getting over very soon. 10) The facts of registration of Trust in the year 1973 along with its number of regular assessment under section 143(3) of the Act under the provisions of section 11 to 13 of the Income Tax Act, as well as various decided cases of the jurisdictional courts were brought to the notice of Ld.CIT (exemption) Bhopal ,along with afresh application under section 12A dated 28-02-2019. 11) Meanwhile Assessee submitted an appeal before Hon'ble ITAT Indore on 29-10-2018 but before the hearing of this case at Hon'ble ITAT Indore , CIT (exemption) Bhopal granted the registration to the trust on 20-08-2019 but only prospective from assessment year 2019-20 therefore Ld. A.O. had hold the refunds of the trust for last six years and raised the demand for Assessment Year 2018-2019 and Assessment Year 2019-2020 Totalling ₹ 21,24,1 08( Rs Twenty one Lakhs twenty four thousand and one hundred eight only). 12) Assessee hereby very earnestly request your honour to kindly direct the Ld.CIT / A.O. to complete the last six assessments of the trust treating it as a registered Trust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3, the Ld. A.O is not treating assessee trust as a charitable trust for last 6 assessment years due to which wrong demands has been raised and the refunds of the assessee trust are withheld. 11. On perusal of the record we find that the assessee trust was incorporated in the year 1945 and even in the Permanent Account Number (PAN) allotted by the Income Tax Department the date of incorporation of the trust is 16.4.1945. The assessee has claimed that on 13.8.1973 it has filed Form No.10A under rule 17A of the I.T rules for application for registration of charitable or religious trusts u/s 12A(a) of the Act on 13.8.1973. Copy of the application is placed at page 3 of the paper book. It is also claimed that this application of the assessee was accepted by the Income Tax Department and registration certificate u/s 12A of the Act was granted. It is thus claimed that the assessee trust is a charitable trust running for the purpose of carrying out charitable activities as per the objects mentioned in Trust deed. Since the assessee could not place hand on the original copy of the registration certificate it applied for duplicate registration but surprisingly even at the Income Tax Depar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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