Allowing the appeal the Tribunal held that the provisions of section 13 of the Act can be invoked only at the time of assessment while considering the applicability of sections 11 and 12 with respect to the assessee’s set of facts and not at the time of grant of registration under section 12A of the Act. The matter is restored to the Commissioner (E) for de novo consideration.
National Real Estate Development Council, Gujarat v. CIT (E) (2024) 113 ITR 63 (SN)(Ahd)(Trib)
S. 12AB: Procedure for fresh registration-Provisions Of Section 13 can be invoked only at time of assessment while considering eligibility for exemption and not at time of grant of registration-Order of CIT(E) is set aside and matter remanded for de novo consideration.[S. 11, 12, 12A, 13(3)]
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