9911796707
TMI Blog2022 (11) TMI 1103X X X X Extracts X X X X X X X X Extracts X X X X ..... is not applicable on the facts on hand. Recording the separate finding on the same, but however, we agree with the findings of the CIT(A) which were reproduced here-in-above. Therefore, we do not find any infirmity in the order of CIT(A) regarding the non-applicability of proviso to sub-section (2) of section 12A of the Act. Benefit of getting exemption u/s. 11 should be extended to the prior assessment years which are pending before the AO - CIT(A) answered the same by holding that no assessment for the year under consideration was pending before the AO as it was already completed on 28-12-2010. As discussed above that the CIT-IV, Pune granted registration in pursuance to the order of Tribunal on 26-03-2013 relevant to the assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcumstances of the case. 4. The brief facts relating to the case are that the assessee is a trust formed on 09-04-2007 for educational purposes, for the benefit of all sections of society. According to the AO that the assessee applied for registration u/s. 12 of the Act vide application dated 19-02-2009 and the said application was rejected on 28-08-2009 by the CIT-IV, Pune. In reopening proceedings, the AO asked the assessee to explain why the receipts during the year should not be treated as taxable income in view of registration u/s. 12A of the Act. The assessee vide its letter dated 23-12- 2010 explained the reasons for why the receipts should not be taxed. The AO considered the same and found explanation as not acceptable. He held t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessment order and have also carefully perused the contentions put forth on behalf of the appellant during the course of appellate proceedings. It is apparent that the single issue of dispute that has arisen and needs to be adjudicated in these grounds of appeal pertains to the allowability of exemption u/ss. 11 to 13 of the Act to the appellant during the year under consideration. The dispute has arisen since AO was' of the view that there is no active registration u/s 12A of the act with the appellant during the relevant previous year whereas the appellant's stand is that it had filed an appeal before the Hon ITAT Pune against the order of the then CIT IV Pune rejecting its application for grant of registration u/s 12A of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nate contention has also been put forth by the appellant's A.R. during the course of appellate proceedings contending that the provisions of section 12A(2)of the Act, wherein it is stated that registration granted in subsequent years is applicable to those preceding years as well where assessment proceedings are pending, need to be applied in its case and as such the exemption granted even from 01.04.2008 would benefit it since the same was granted on 26.03.2013 when the appellate proceedings in the instant case were pending. In this regard, the appellant, placing reliance on the judgment of the Hon ble Kolkata Tribunal in the case of St. Xaviers School Burdwan (supra) andstating that the appellate proceedings are in continuation to ori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4.2008 was passed on 26.03.2013 itself that means even prior to the introduction and application of proviso to section 12A(2) of the Act and hence also no retrospective benefit could be derived by the appellant merely on the grounds that such proviso is placed in the Act as on date. Secondly, even if considering the benevolent provisions laid down in the Act for computation of income of registered trusts and the intention of the Legislature to provide benefits to genuine trusts, it is considered that the said provisos are applicable to the appellant for the year under consideration, then also no advantage can be derived by it since it does not satisfy the conditions laid down under the said proviso for applicability of provisions of sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nfirmity in the order of CIT(A) regarding the non-applicability of proviso to sub-section (2) of section 12A of the Act. 9. Further, I note that the assessee also contended the benefit of getting exemption u/s. 11 should be extended to the prior assessment years which are pending before the AO also placed reliance in the case of St. Xaviers School Burdwan in ITA Nos. 2101 to 2105/Kol/2016 of Kolkata Tribunal. The CIT(A) answered the same by holding that no assessment for the year under consideration was pending before the AO as it was already completed on 28-12-2010. As discussed above that the CIT-IV, Pune granted registration in pursuance to the order of Tribunal on 26-03-2013 relevant to the assessment year i.e. A.Y. 2009-10, but not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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