Exemption U/s. 11 to 13 cannot be claimed in absence of Registration u/s 12AA

Bulandshahr Development Authority Vs ACIT (ITAT Delhi)

Ld. CIT(A) has rightly dismissed the appeal of the assessee by holding that as on date the Assessee is not in possession of registration u/s. 12AA of the Act, which is mandatory for availing the exemption u/s. 11 to 13 of the I.T. Act, 1961. We have also perused the Appeal File and we are of the view that assesse has not filed any Certificate of Registration granted u/s. 12AA of the I.T. Act, 1961, which is mandatory for availing the exemption u/s. 11 to 13 of the Act, before the AO as well as Ld. CIT(A) and even before the Tribunal. Therefore, in the absence of the same, we are unable to accept the request of the Assessee for grant of exemption u/s. 11 to 13 of the I.T. Act.

FULL TEXT OF THE ITAT ORDER IS AS FOLLOWS:-

The Assessee has filed this Appeal against the impugned order dated 24/2/2016 passed by the Ld. Commissioner of Income Tax(Appeals), Ghaziabad on the following grounds :-

“1. Because the order passed by Learned Commissioner of Income Tax (Appeals) is bad in Law and against the facts of the appeal.

Please become a Premium member. If you are already a Premium member, login here to access the full content.