Bharatpur Royal Family Religious & Ceremonial Trust Moti Mahal v. CIT (2021) 191 ITD 367 (Jaipur)(Trib.)

S. 12A : Registration-Trust or institution-Condition precedent for claiming exemption-Change in the By-laws and memorandum-Registration granted considering the changes-Registration cannot be granted for earlier years-Repeals and savings-Exemption granted under section 4(3)(i) of the 1922 Act is not valid for getting registration under section 12A of the Act. [S. 11, 12, 297(2)(k), 1922 Act, S. 4 (3)(i)]

Held that for claiming exemption under sections 11 and 12 registration is mandatory. Registration was granted  after it had amended its By-laws and Memorandum of Association whereby certain terms and conditions had been  changed and constitution of trust did not remain same as it was prior to amendment, benefit of proviso to section 12A would not be available to assessee for assessment year preceding to year in which such registration was granted. Tribunal also held that exemption granted under section 4(3) (i) of the 1922 Act is not valid for getting registration under section 12A of the Act, provision being inconsistent with  corresponding  provisions under the 1961 Act, saving clause under section 297(2)) (k) cannot be  invoked.  (AY. 2011-12)