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Deemed Registration under Section 12AA

JANUARY 25, 2017

By Priya Subramanian

I would like to point out one issue arising out of the decision of the Supreme Court in CIT v. Society for Promotion of Education - 2016-TIOL-18-SC-IT, wherein the Supreme Court held that non-disposal of an application for registration within the expiry of six months from the end of the month in which application was received as required under section 12AA(1)(aa) would result in deemed grant of registration with effect from the date following the expiry of the six month period.

However, as per section 12AA(2), where an application has been made on or after 1st June 2007, the provisions of sections 11 and 12 shall apply in relation to the income of the trust or institution from the assessment year immediately following the financial year in which such application is made.

The decision that the registration would be effective from the date following the expiry of the six month period in case of non-disposal of the application for registration is perhaps not in line with the provisions of section 12AA(2) conferring the exemption with effect from the financial year in which the application is made. This inconsistency would particularly assume significance when the year of application for registration is different from the year of expiry of the six month period.

This concern may be suitably addressed by making appropriate amendment in the provisions of the Act.

(DISCLAIMER : The views expressed are strictly of the author and Taxindiaonline.com doesn't necessarily subscribe to the same. Taxindiaonline.com Pvt. Ltd. is not responsible or liable for any loss or damage caused to anyone due to any interpretation, error, omission in the articles being hosted on the site)

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