INCOME TAX ACT, 1961

Section 11

Charitable trust - Allowability - Registration obtained during pendency of appeal -

Whether assessee having been granted registration under section 12AA, during the pendency of proceedings before CIT(A), would be entitled to exemption under section 11 for the relevant assessment year in view of the proviso to section 12A, sub-section (2) and the provisions of sections 11 and 12 would apply accordingly. Held: As at the time of granting registration by CIT(E) to assessee, appeal of assessee was pending before CIT(A), the benefit of first proviso to section 12A(2) ought to have been granted. An assessment proceedings which was pending in appeal before appellate authority should be deemed to be “assessment proceedings pending before AO” within the meaning of term as envisaged under the proviso. Assessee trust which obtained registration under section 12AA during the pendency of appeal was entitled for exemption claimed under section 11.

REFERRED :

FAVOUR : In assessee's favour

A.Y. :

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