9911796707
TMI Blog2023 (9) TMI 1516X X X X Extracts X X X X X X X X Extracts X X X X ..... Court is binding on section 12AA for restoration of registration. Section 12A provides for the conditions for applicability of sections 11 and 12 of the Act. Section 11 deals with income from property held for charitable or religious purposes, while Section 12 deals with income of trusts or institutions from voluntary contributions1. To be eligible for registration under Section 12A, a trust or institution must meet certain conditions and requirements. The above-mentioned order of Hon ble jurisdictional High Court is applicable for the ld. CIT-1 and for Section 12AA. The issuance the certificate of registration by the ld. CIT-1 is the proof of acceptance that the assessee had performed the conditions mentioned in statute which forms the eligibility of assessee to get benefit U/s 11 12 of the Act. But during the hearing, AR was unable to produce the copy of registration u/s 12AA of the Act which is the pillar for claiming exemption u/s 11 and 12 of the Act. The observation of the ld. CIT(A) is fully acceptable. We do not interfere in the orders passed u/s 143(3) and u/s 250 (6) by the revenue authorities. Decided against assessee. - DR. M. L. MEENA, ACCOUNTANT MEMBER AND SH. ANIK ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd circumstances of the case, the Appellant acted bona fide and could not visualize positive income for the year when no proceedings were pending at the relevant time and the cancellation of registration by the worthy CIT was done retrospectively much after the end of the financial year on 31- 12-2008. The judgment of honourable Punjab and Haryana High Court in the case of CIT V. Haryana Warehousing Corporation (IT Appeal No. 242 of 2006, order dated 20-4- 2007) which has been followed by the said jurisdictional high court in CIT v. SAB Industries reported at (2013) 40 Taxmann.com 175 (P H) is quite clearly applicable in this case. 6. That the Appellant craves leave to add, alter, amend or delete any of the above grounds at any time before the appeal is heard and disposed off. 4. Briefly, we stated the fact that the assessee is trust and registered u/s 12A of the Act. The registration of the assessee trust was cancelled u/s 12A(a) on dated 31.12.2008 with retrospective effect from 01.04.2002. Aggrieved assessee filed the appeal before the ITAT, Amritsar Bench. But the assessee remained unsuccessful. The assessee trust being aggrieved of the order of ITAT Amritsar Bench has filed ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AR 2003-04: ITA 230/ASR/2015 FOR ASSTT. YEAR 2005-06: ITA 275/ASR/2014 FOR ASSTT. YEAR 2006-07: ITA 27/ASR/2017 FOR ASSTT.YEAR 2007-08 For A.Y. 2011-12, 12-13 13-14. Implementation of the judgement of Hon'ble Punjab and Haryana High Court in the case of the Appellant titled 'Ram Saran Das Kishorilal Charitable Trust Vs. Commissioner of Income Tax-I and others' [ITA No. 709 of 2009] 1. The main ground of appeal before the Ld. ITAT which is common to all the Assessment Years 2003-04, 2005-06, 2006- 07 and 2007-08Jjs that the CIT(A) has erred in upholding the action of AO in rejecting Appellant's claim of exemption under section 11 of the Income Tax Act, 1961 (and assessing it as an AOP by relying on the order of the Id. ITAT Amritsar dated 26- 6-2009 confirming the order of worthy CIT-I, Amritsar passed under section 12AA(3) on 31-12-2008 cancelling the registration u/s 12A(a) of the Appellant Trust as a charitable institution with retrospective effect from 1-4-2002, when the said ITAT order has not attained finality and the Appellant's appeal against the said order in the hon'ble Punjab and Haryana High Court has been admitted and is pending for adjudication. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Section 12AA only with effect from 01.10.2004 by the Finance (No.2) Act 2004 (23 of 2004) and hence such power could be exercised by the CIT only on and after 01.10.2004, i.e., (assessment year 2004-2005) because the amendment in question was not retrospective but was prospective in nature. 28. The issue involved in this appeal had also come up for consideration before three High Courts, namely, Delhi High Court in the case of Director of Income Tax (Exemptions) vs. Mool Chand Kairati Ram Trust , (2011) 243 CTR(Del) 245, Uttaranchal High Court in the case of Welham Boys' School Society vs. CBDT, (2006) 285 ITR 74(Uttaranchal) and Allahabad High Court in the case of Oxford Academy for Career Development vs. Chief Commissioner of Income Tax Ors. (2009) 315 ITR 382 (All). 29. All the three High Courts after examining the issue, in the light of the object of Section 12A of the Act and Section 21 of the General Clauses Act held that the order of the CIT passed under Section 12A is quasi-judicial in nature. Second, there was no express provision in the Act vesting the CIT with power of cancellation of registration till 01.10.2004; and lastly, Section 21of the General Clauses Act h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hon ble Jurisdictional High Court is binding on section 12AA for restoration of registration. Section 12A provides for the conditions for applicability of sections 11 and 12 of the Act. Section 11 deals with income from property held for charitable or religious purposes, while Section 12 deals with income of trusts or institutions from voluntary contributions. To be eligible for registration under Section 12A, a trust or institution must meet certain conditions and requirements. The above-mentioned order of Hon ble jurisdictional High Court is applicable for the ld. CIT-1 and for Section 12AA of the. The issuance the certificate of registration by the ld. CIT-1is the proof of acceptance that the assessee had performed the conditions mentioned in statute which forms the eligibility of assessee to get benefit U/s 11 12 of the Act. But during the hearing, the ld. AR was unable to produce the copy of registration u/s 12AA of the Act which is the pillar for claiming exemption u/s 11 and 12 of the Act. 7.1 In our considered view, the observation of the ld. CIT(A) is fully acceptable. We do not interfere in the orders passed u/s 143(3) and u/s 250 (6) by the revenue authorities. According ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
