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Whether registration u/s 12AA can be granted when Income-tax has not been paid on surplus of income over expenditure?

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Sec. 11 of Income Tax Act, 1961 - Exemption - The assessee’s appeal arises against the order passed by the CIT (Exemptions), in proceedings u/s 12AA of IT Act, 1961. None appeared on assessee's behest and accordingly, proceeded ex-parte. CIT(Exemptions) declined Section 12AA registration to the assessee for the reason “ The sole income of the society is by way of collection of subscription from operation of pre-paid taxi services at Sealdah and Kolkata railway stations. The objectives of the society is to establish, operate and manage pre-paid taxi booth and providing the facility to passengers at designated stations. Despite having taxable income in FYs 2013-14, 2014-15, 2015-16 and 2016-17, the Society has neither filed Income tax Return nor has paid the due taxes”. ITAT while setting aside impugned order, restored the matter back to the CIT(Exemption) for his fresh adjudication holding that ”that the CIT(Exemption) has declined the assessee's impugned registration on the ground that it has not filed income tax return for four assessment years (Supra). Thus, the CIT(Exemption) needs to examine the entire issue of assessee's registration afresh as per law“.—KOLKATA POLICE PRE-PAID TAXI BOOTH SOCIETY vs. CIT.[2020] 26 ITCD Online 032 (ITAT-KOLKATA)

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