Return was not furnished. Assessing Officer, on getting information about assessee having made FDR of Rs.5.00 lakh with State Bank of India, issued notice under section 148. In response, assessee filed return declaring total income at Rs.7,99,352/-, claiming that it was engaged in promotion of research in Oral and maxillofacial surgery. In absence of any registration under section 12A, no benefit of exemption under section 11 was claimed. Assessee contended that its registration under section 12AA on 18-05-2023. It claimed benefit of second proviso to section 12A(2) On appeal the Tribunal held that benefit of proviso can be granted only when assessment proceedings are pending on date of grant of registration by CIT (E). The assessee could not claim benefit of exemption under section 11 of the Act. (AY. 2012-13)
Association of Oral Maxillofacial Surgeons of India v. ITO (2023) 225 TTJ 740 / 156 taxmann.com 332 (Pune)(Trib)
S. 11 : Property held for charitable purposes-Assessment completed before grant of registration-Exemption is not available.[ S. 12A(2), 12AA, 148]