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September 2024

S. 12A, 13 — CIT(E) cannot deny registration under section 12A by invoking section 13(1)(b) since section 13 can be invoked only at the time of framing assessment and not at the time of grant of registration

By Jagdish T Punjabi, Chartered Accountant
Devendra Jain & Aditya Bhatt, Advocates
Reading Time 2 mins

(2024) 165 taxmann.com 141 (Ahd Trib)

Bargahe Husaini Trust vs. CIT

ITA No.: 826(Ahd) of 2023

A.Y.: N.A.

Date of Order: 22nd July, 2024

41. S. 12A, 13 — CIT(E) cannot deny registration under section 12A by invoking section 13(1)(b) since section 13 can be invoked only at the time of framing assessment and not at the time of grant of registration.

FACTS

The assessee-trust was granted provisional registration under section 12A on 24th January, 2022. Thereafter, it filed application for grant of final registration in Form 10AB on 18th March, 2023.

On perusal of the application, the CIT(E) observed that the objects of the applicant were for the benefit of a particular community or caste, that is, Khoja Shia Ishna Ashari Samaj, and hence, covered by the disallowance under section 13(1)(b). He, therefore, rejected the application for final registration under section 12A.

Aggrieved, the assessee filed an appeal before ITAT.

HELD

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