Indian Institute of Banking and Finance v. CIT(E) (2023) 102 ITR 58(SN)] (Mum) (Trib)

S. 10(23C): Educational institution-Provisional approval granted u/s 10(23C) is not equivalent to the grant of registration for the purpose of S. 11(7) [S. 10(23C(vi) 11(7), 12A]

The assessee was a trust registered under S. 12A since 1974. It claimed exemption u/s 11 up to the AY 2020-21. However, from the AY 2020-21 assessee applied for the alternative claim of exemption under S. 10(23C)(vi) and it received provisional approval u/s 10(23C)(vi) in Form No. 10AC for AY 2021-22 to 2023-24. Thereafter, the assessee filed an application u/s 12A(1)(ac)(iv) as per the 2nd proviso to S. 11(7) seeking revival of its registration u/s 12A. The application filed by the assessee u/s 12A(1)(ac)(iv) was rejected in terms of 2nd proviso to S. 11(7) by CIT (Exemptions), on the basis that the registration granted to the assessee u/s 10(23C) was provisional and therefore, same is not identical to the approval granted u/s 10(23C) for S. 11(7). The 1st proviso to S. 11(7) is not even triggered in the facts of the present case, as the CIT(Exemptions) rejected the submission of the assessee to treat provisional approval u/s 10(23C) identical to approval u/s 10(23C) for S. 11(7). Therefore, it was held that once the 1st proviso to S. 11(7) is not triggered, there is no question of the registration granted u/s. 12A becoming inoperative.  (AY. 2021-22)