The assesseee filed an application for registration with condonation of delay and sought for registration with retrospective effect being the original date of creation of the assessee-society by condoning the delay. The Commissioner after taking into consideration the case of both sides, rejected the case of the assessee. However the Tribunal directed the Commissioner to grant registration with retrospective effect. On appeal by the revenue the Court held that the rectification and amendments made to the bye-laws of the society would only operate prospectively while granting registration under section 12AA.
CIT v. Young Women’s Christian Association (2021) 432 ITR 397 / 202 DTR 169 / 281 Taxman 537(Mad.)(HC)
S. 12AA : Procedure for registration-Trust or institution-Failure to furnish date of registration-Instrument of amendment of Bye-Laws with effect from 14-6-2009 submitted subsequently-Rectification and amendments made to the bye-laws of the society would only operate prospectively-Registration could not be granted with retrospective effect.