9911796707
TMI Blog2022 (3) TMI 128X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome was in fact filed, according to me the assessee is entitled to the benefit u/s. 11/12/13 of the Act unless the AO during scrutiny is able to find out that there is misrepresentation in respect of its claim of voluntary donation/application of its income etc. It has to be borne in mind that once section 12A registration has been granted to an assessee, then income has to be computed under Chapter III of the Act. With this caveat/observation, we find that there was a mistake apparent on the face of the record and, therefore, we allow the appeal of the assessee and direct the AO to grant benefits u/s. 11/12/13 - I.T.A. No. 450/Kol/2021 - - - Dated:- 18-2-2022 - Shri A. T. Varkey , JM For the Appellant : Shri S. M. Surana, Advo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ved by the assessee Trust was to the tune of ₹ 7,06,030/- out of which according to it the corpus donation received was to the tune of ₹ 1,93,000/-. According to the assessee trust it had applied ₹ 5,06,246/- towards charitable activities during the year. As per the order u/s. 143(1) of the Income Tax Act, 1961 (hereinafter referred to as the Act), the assessee s return was processed by the CPC and by order dated 23.01.2018 the assessee s total income was assessed at ₹ 7,06,033/- and net tax liability thus created was to the tune of ₹ 2,74,220/-. According to the Ld. AR Shri S. M. Surana, there was mistake apparent on the face of the record because even though the assessee came into existence on 15.11.2015 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 019. Aggrieved, the assessee preferred an appeal before the Ld. CIT(A) who did not give any credence to the factual aspects as stated (supra). And dismissed the appeal on technical reason that there is no error apparent on the face of the record. Aggrieved by the impugned action of Ld. CIT(A) the assessee is before this Tribunal. 5. Having heard rival submissions and after having carefully gone through the facts and circumstances of the case, it is noted that the assessee Trust was established vide Trust Deed dated 16.11.2015 and had filed an application for registration u/s. 12A of the Act on 16.11.2015. The Ld. CIT(E) after considering the material placed before him and after hearing the assessee was pleased to register the assessee tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... action cannot be countenanced. It is undisputed that due to late receipt of the order from Ld. CIT(E) granting Section 12A registration the assessee could not mention the same in its return of Income. Therefore that omission of fact cannot be the reason for not giving the benefit u/s. 11/12/13 of the Act. Since the assessee has been granted registration u/s. 12A of the Act with effect from 16.11.2015 i.e. much before the return of income was in fact filed, according to me the assessee is entitled to the benefit u/s. 11/12/13 of the Act unless the AO during scrutiny is able to find out that there is misrepresentation in respect of its claim of voluntary donation/application of its income etc. It has to be borne in mind that once section 12A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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