Santhan Shree Eknath Maharaj Viswastha Mandal v. ITO(E) (2022) 212 DTR 1 (SMC) (Pune) (Trib)

S. 12AA : Procedure for registration-Trust or institution-Granted registration for subsequent years-Registration is required to be granted for earlier years for which assessment years are pending-Matter remanded to examine the claim under section 11. [S. 11, 12A(2), 143(3)]

Held that the assessee has filed its return for the year under consideration on 17th Jan, 2017, before the registration was granted by the CIT (E)  under S.  12AA on 16th May, 2017, the assessment proceedings are commenced with the filing of return, were pending on the date of grant of registration. The  assessee is entitled to registration and is eligible to exemption under S. 11 in the relevant assessment year in view of the second proviso to s 12A(2) of the Act. Matter remanded to examine the claim under section 11 of the Act.     (AY. 2016-17)