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| The Tax Publishers2019 TaxPub(DT) 8443 (SC) INCOME TAX ACT, 1961
Section 261 Sections 11 & 12A(2), proviso
Where the assessee preferred SLP to appeal against the judgment of Allahabad High Court in CIT v. M/s. Shiv Kumar Sumitra Devi Smarak Shikshan Sansthan [ITA No. 11 of 2019, dt. 6-8-2019] : 2019 TaxPub(DT) 5887 (All-HC), whereby the High Court held that for the purpose of proper interpretation of section 12A the Tribunal was required to make interpretation after taking into consideration the main provision along with the proviso, and not by giving meaning to the proviso in ignorance of substantive provision that since registration had been given on 8-6-2015, the benefit of sections 11 & 12 would be available for the following financial year in which application was made if the assessment proceedings for the relevant assessment year was pending till the date of registration. In the instant case the words used are 'pendency of the assessment proceedings before the AO. However, the assessment proceedings of the year 2011-12 was not pending before the AO, but before the Tribunal, therefore, court had found reasons to allow the appeal preferred by the revenue, the Supreme Court directed the registry to issue notice.
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Appeal (Supreme Court) - Special leave petition - Registration granted assessee trust in financial year 2014-15 but exemption under section 11 claimed for assessment year 2011-12 - Interpretation of proviso to section 12A(2)
Assessee preferred SLP to appeal against the judgment of Allahabad High Court in CIT v. M/s. Shiv Kumar Sumitra Devi Smarak Shikshan Sansthan [ITA No. 11 of 2019, dt. 6-8-2019] : 2019 TaxPub(DT) 5887 (All-HC), whereby the High Court held that for the purpose of proper interpretation of section 12A the Tribunal was required to make interpretation after taking into consideration the main provision along with the proviso and not by giving meaning to the proviso in ignorance of substantive provision that since registration had been given on 8-6-2015, the benefit of sections 11 and 12 would be available for the following financial year in which application was made if the assessment proceedings for the relevant assessment year was pending till the date of registration. In the instant case the words used are 'pendency of the assessment proceedings before the AO, however, the assessment proceedings of the year 2011-12 was not pending before the AO, but before the Tribunal, therefore, court had found reasons to allow the appeal preferred by the revenue. Held: The Supreme Court directed the registry to issue notice.
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