Case Law Details
Aspam Foundation Vs CIT (Exemption) (ITAT Delhi)
1. The Assessee herein has preferred the instant appeal against the order dated 31.01.2019 impugned herein passed u/s 12AA(1)(b) r.w.s. 12A of the Income Tax Act, 1961 (for short “the Act”), by ld. Commissioner of Income tax (Exemption), New Delhi (in short “Ld. Commissioner”).
2. In this case, the Ld. Commissioner rejected the application for registration filed by the Assessee u/s 12AA of the Act on the ground that same has been filed beyond 30 days period as prescribed u/s 12A(ab) inserted by Finance Act, 2017 w.e.f. 01.04.2018.
3. Heard the parties and perused the records. The provisions of section 12A(ab) mandates that the person in receipt of the income has to made an application for registration of the trust or institution, in a case where a trust or an institution has been granted registration under section 12AA or has obtained registration at any time under section 12A [as it stood before its amendment by the Finance (No. 2) Act, 1996 (33 of 1996)], and, subsequently, it has adopted or undertaken modifications of the objects which do not conform to the conditions of registration, in the prescribed form and manner, within a period of thirty days from the date of said adoption or modification, to the Principal Commissioner or Commissioner and such trust or institution is registered under section 12AA of the Act .
3.1 It is fact that the Appellant trust was registered with Sub-Registrar-IX, New Delhi as a trust vide trust deed dated 28.09.2012 and subsequently registered u/s 12AA and 80G of the Act vide registration dated 10.05.2013 by the Ld. Commissioner of Income Tax (Exemption).
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