The assessee Trust filed its Return of Income on 17.01.17 claiming exemption u/s 11. The registration was granted on 16.05.17, i.e. after filing of Return, but before issuance of Notice u/s. 143(2) on 20.09.17. AO denied the exemption on the ground that the assessment proceedings must be pending when the registration is granted. CIT(A) also concurred with the view of AO. On Appeal Tribunal, relying on Supreme Court decision in Auto & Metal Engineers v. UOI (1998) 229 ITR 399 / 146 CTR 379 (SC) held that, assessee trust is eligible for exemption u/s. 11 of the Act, since the assessment proceedings commence with the filing of return and not when notice is issued for the first time u/s. 143(2). (AY.2016-17)
Sansthan Shree Eknath Maharaj Vishwastha Mandal v. ITO(E) (2022) 195 ITD 46 / 216 TTJ 249 (SMC) (Pune)(Trib.)
S. 12AA : Procedure for registration-Trust or institution-Benefit of Registration granted in subsequent year-The benefit of registration will be conferred even to earlier years assessment proceedings which are pending as on date of such registration. [S. 11]