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TMI Blog2023 (3) TMI 1098X X X X Extracts X X X X X X X X Extracts X X X X ..... ration is required to be granted with effect from the Assessment Year 2017-18. DR has no objection to the request of the appellant Trust in granting registration with effect from the date of application for registration in respect of the Assessment Year 2017-18 under consideration. Accordingly, the CIT(E) is directed to grant registration u/s 12AA of the Act, to the applicant Trust from the date of application i.e. dated 16.05.2016 in respect of the Assessment Year 2017-18.Appeal of the assessee is allowed. - I.T. A. No. 264/Asr/2022 - - - Dated:- 14-3-2023 - DR. M. L. MEENA, ACCOUNTANT MEMBER AND SH. ANIKESH BANERJEE, JUDICIAL MEMBER For the Appellant : Sh. K. Bhagat, CA For the Respondent : Sh. S. R. Kaushik, CIT-DR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 30.03.2022 granting exemption u/s 12AA from AY: 2018-19. However, the assessee had applied for AY: 2017-18 but there was delay of 204 days in filing the appeal. In this connection the assessee relies upon the judgment of the Hon'ble Supreme Court in the case of Collector Land Acquisition vs. MST Katiji ORS. [167 ITR 471] wherein it was held that when substantial justice and technical considerations are pitted against each other, the cause of substantial justice deserves to be preferred, for the other side can't claim to have a vested right in injustice being done because of a nondeliberate delay. He also referred to another judgement of the Hon'ble Supreme Court of India in the case of Vedabai Alias Vaijayanatabai Baburao ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A. Aggrieved by the order of the department, the applicant filed an appeal before the Hon ble ITAT, Amritsar. However, the Hon ble ITAT has allowed the appeal of the assessee CIT(E) in ITA No. 301/Asr/2018 dated 16.08.2021 for the statistical purposes. In compliance to the Tribunal order, the Ld.CIT(E) granted registration to the appellant Trust by observing as under: 1. Keeping in view the directions of the Hon ble ITAT, the applicant society/non-profit company is hereby granted registration with salient activities as Education and the provisions of sections 11 and 12 shall apply in the case from the Assessment Year: 2018-19 The registration is being granted to the applicant on, inter-alia, the following conditions:- 1. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... activities promised or claimed to be carried on in each Financial Year relevant to the Assessment Year and all the provisions of law acted upon. This will be further subject to provisions of section 2(15) of the Income Tax Act, 1961. 7. No change in terms of Trust Deed/ Memorandum of Association shall be effected without due procedure of law and its intimation shall be given immediately to this office. The registering authority reserves the right to consider whether any such alteration in objects would be consistent with the definition of charitable purpose under the Act and in conformity with the requirement of continuity of registration. 8. The Trust/ Society/ Non Profit Company shall maintain accounts regularly and shall g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the registration has been obtained fraudulently by misrepresentation or suppression of any fact, the registration so granted is liable to be cancelled as per the provision u/s section 12AA(3) of the Act. 15. This certificate cannot be used as a basis for claiming nondeduction of tax at source in respect of investments etc. relating to the Trust/ Institution. 16. All the Public Money so received including for Corpus or any contribution shall be routed through a Bank Account whose number shall be communicated to this office. 17. The society will not engage in any of the activities which are not covered u/s 2 (15) of I. T. Act, 1961. 18. The society will have to necessarily file the return of income u/s 139(4A) of I.T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the related provisions of the Act. These requirements, it is reiterated, shall include inter alia filing of audit reports, adherence to the norms of utilization of income for the intended charitable purposes etc. This certificate does not give any exemptions to the society from Income Tax automatically. The Assessing Officer will examine the conditions for exemptions u/s 11, 12, 12A (b) 13 of the Act at the time of assessments. 25. The activities/fund of the Trust/ Society/ Non-Profit Company shall not be employed towards Money Laundering, Terrorism, Front/show entities etc. 26. A separate account shall be maintained of all the investments made in accreting Capital Assets which shall be examined by the Assessing Officer eve ..... X X X X Extracts X X X X X X X X Extracts X X X X
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