Assessee was registered under Societies Registration Act and main object of assessee society was imparting education. Assessee was not registered under section 12AA. It filed its return of income claiming exemption under section 11. Assessing Officer disallowed same on ground that assessee was not registered under section 12A and made addition treating corpus fund receipts/donations as income of assessee. CIT(A) affirmed the addition. On appeal before the Tribunal the assessee contended that an application in Form no. 10A seeking registration under section 12A/12AA was pending before Commissioner (E) during course of appellate proceedings before Commissioner (Appeals) and same was granted by Commissioner (E) subsequently and, therefore, assessee was eligible to get benefit as per amendment in proviso of section 12A(2) of the Act.On appeal the Tribunal held that the assessee was unable to explain specific purpose for which such corpus fund was said to received by it. Further since assessee society was not registered under section 12A / 12AA, Assessing Officer was justified in rejecting exemption under section 11 and making addition treating corpus fund receipts/donations as income of assessee. (AY. 2014-15)
Bhagawan Sree Mahayogi Lakshmamma Educational Society, Adoni. v. ITO (2022) 193 ITD 591 (Hyd.)(Trib.)
S. 11 : Property held for charitable purposes-Application for registration for pending before CIT(E)-Pendency of appeal before CIT(A)-Justified in rejecting exemption. [S. 12A(2), 12AA]