Charusat Healthcare & Research Foundation, Anand V. The Income Tax Officer, Exemption Ward, Baroda

ITA 3529/AHD/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 8114 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 5 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-06-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 28-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Condonation of delay
• Section: 12A; 12AA; 12; 10; 11

Judgement Text

, . . , IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD , , BEFORE SHRI AMARJIT SINGH, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER ./ I.T.A. NO.3529/AHD/2016 ( / ASSESSMENT YEAR : 2012-13) M/S.CHARUSAT HEALTH CARE & RESEARCH FOUNDATION CHARUSAT CAMPUS AT CHANGA TA. PETLAD, DIST.ANAND 388 421 / VS. THE INCOME TAX OFFICER EXEMPTION WARD BARODA 390 007 # ./ ./ PAN/GIR NO. : AABTC 3869 J ( #% / APPELLANT ) .. ( &'#% / RESPONDENT ) #%( / APPELLANT BY : MS.ARTI N. SHAH, AR &'#%)( / RESPONDENT BY : SHRI V.K. SINGH, SR.DR *+) , / DATE OF HEARING 11/06/2018 -./0) , / DATE OF PRONOUNCEMENT 19 /06/2018 / O R D E R PER MS. MADHUMITA ROY - JM: THE INSTANT APPEAL HAS BEEN FILED BEFORE US BY TH E ASSESSEE AGAINST THE ORDER DATED 27.09.2016 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)-5, VADODARA [LD.CIT(A) IN SHORT] FOR ASSESSMENT YEAR (AY) 2012 -13 ARISING OUT OF THE ORDER DATED 27.03.2015 PASSED BY THE ITO, EXEMPTION WARD BAROD A, WITH THE FOLLOWING GROUNDS:- 1. THE LEARNED COMMISSIONER OF INCOME TAX, (APPEALS)- 5, VADODARA HAS ERRED IN LAW AND ON FACTS OF THE CASE IN CONFIRMING THE ACTION O F THE ASSESSING OFFICER IN NOT GRANTING EXEMPTION U/S.11(1)(D) OF RS.32,90,199/- R ECEIVED BY WAY OF CORPUS DONATION AND OVERLOOKING THE PROVISO TO SECTION 12( A)(2) OF THE I.T.ACT, 1961, WHICH IS CLARIFICATORY IN NATURE. 2. THE LEARNED COMMISSIONER OF INCOME TAX, (APPEALS)- 5, VADODARA HAS ERRED IN LAW AND ON FACTS OF THE CASE IN CONFIRMING THE DECISION OF THE ASSESSING OFFICER HOLDING THAT THE DONATIONS OF RS.33,50,000/- WERE NOT CORPU S DONATION EXEMPT U/S.11(1)(D). - 2 - ITA NO.3529/AHD/2016 M/S.CHARUSAT HEALTH CARE VS. ITO ASST.YEAR 2012-13 2. GROUNDS OF APPEAL RAISED HEREIN ARE INTER-RE LATED ISSUES AND THEREFORE, ALL GROUNDS ARE TAKEN TOGETHER FOR THE SAKE OF BREVITY. 3. THE FACTS OF THE CASE IS THIS THAT THE ASSES SEE HAD ACCEPTED CORPUS DONATION OF RS.35,82,200/- AND AFTER DEDUCTING EXPENSES OF RS.2 ,91,109/- HAD CLAIMED EXEMPTION OF THE SURPLUS AMOUNT U/S.11(1)(D) OF THE INCOME TAX A CT, 1961 (HEREINAFTER REFERRED TO AS 'THE ACT'). THE RELIEF HAS BEEN REJECTED BY THE A SSESSING OFFICER (AO) ON THE GROUND THAT THE DONORS HAD NOT GIVEN ANY SPECIFIC INSTRUCT ION TO TREAT THE DONATION AS CORPUS FUND AND NEITHER THE ASSESSEE WAS REGISTERED U/S.12A OF THE ACT FOR THE YEAR UNDER CONSIDERATION TO FULFILL THE PRE-CONDITION FOR AVA ILING BENEFITS U/S.11 OF THE ACT AND THE LD.AO ADDED THE SAME TO THE TOTAL INCOME OF THE AS SESSEE. THE ASSESSEE WENT UPTO APPEAL AGAINST THE SAME BUT WITHOUT ANY SUCCESS. 4. AT THE TIME OF HEARING OF THE INSTANT APPE AL, THE LD.REPRESENTATIVE APPEARING FOR THE ASSESSEE SUBMITTED BEFORE US THAT THE AO A GREED TO CONFIRM THE AMOUNTS RECEIVED FROM FOUNDER MEMBERS AND THE DONORS TO BE A CORPUS DONATION BUT RELIED UPON THE CONDITION IMPOSED BY THE DONORS TO THIS EFFECT THAT IN THE EVENT THE TRUST FAILS TO GET REGISTERED THE AMOUNT WOULD BE REFUNDED WITH 9% IN TEREST. THE EXPLANATION GIVEN BY THE ASSESSEE UNDER LETTER DATED 26.02.2015 TO ESTAB LISH THE CORPUS DONATION WITH CORROBORATING EVIDENCE FORMING PART OF THE RECORD W AS NOT CONTRADICTED BY THE LD.AR. BUT DONATION ACCORDING TO THE AO, COULD NOT BE CON SIDERED AS CORPUS DONATION AND WAS REQUIRED TO BE ROUTED THROUGH INCOME AND EXPENDITUR E ACCOUNT. SINCE THE TRUST IS NOT REGISTERED U/S.12A OF THE ACT, THE ENTIRE SURPLUS C LAIMED AS CORPUS DONATION WAS DISALLOWED AND ADDED TO THE INCOME OF THE ASSESSEE. THE SAID AMOUNT RECEIVED WAS ALSO SHOWN IN THE BALANCE-SHEET AS MENTIONED IN THE SAID LETTER. THE LD.AR FURTHER SUBMITTED THAT THE APPLICATION F OR REGISTRATION OF THE TRUST WAS INITIALLY MADE ON 24.09.2011 FOLLOWED BY AN AMENDED APPLICATION ON 10.02.2012 AND - 3 - ITA NO.3529/AHD/2016 M/S.CHARUSAT HEALTH CARE VS. ITO ASST.YEAR 2012-13 SUCH APPLICATION PENDING BEFORE THE CONCERNED AUTHO RITIES DURING THE ASSESSMENT PROCEEDINGS OF 2012-13 WAS ULTIMATELY GRANTED ON 10 .04.2012 U/S.12A OF THE ACT FROM THAT DATE PRIOR TO THE ASSESSMENT ORDER DATED 27.3 .2015 PASSED BY THE LD.AO. THE LD.AO DECLINED TO GRANT RELIEF TO THE ASSESSEE ON T HE PREMISE THAT REGISTRATION GRANTED TO THE ASSESSEE WAS NOT RELATED TO THE AY OF 2012-13 TO SATISFY THE CONDITION OF THE STATUTORY PROVISIONS OF LAW AND THEREFORE, THE LD. AO SOUGHT FOR RELIEF OF EXEMPTION. THE LD.DR ON THE OTHER HAND, RELIED UPON THE ORDERS PAS SED BY THE AUTHORITIES BELOW. 5. THE QUESTION TODAY BEFORE US IS AS TO WHETHER TH E ASSESSEE IS ENTITLED TO CLAIM THE RELIEF OF EXPENDITURE UNDER SECTION 11(1)(2) OF THE ACT IN THE PRESENT FACTS AND CIRCUMSTANCES OF THE CASE. IN ORDER TO ANSWER THE QUERY, WE MUST DEAL WITH THE RELEVANT PROVISION OF THE ACT FIRST. SECTION 12A OF THE ACT [CONDITIONS FOR APPLICABILIT Y OF SECTIONS 11 AND 12] STATES AS FOLLOWS: [(1)] THE PROVISIONS OF SECTION 11 AND SECTION 12 S HALL NOT APPLY IN RELATION TO THE INCOME OF ANY TRUST OR INSTITUTION UNLESS THE FOLLOWING CONDITION S ARE FULFILLED, NAMELY: (A) THE PERSON IN RECEIPT OF THE INCOME HAS MADE AN APPLICATION FOR REGISTRATION OF THE TRUST OR INSTITUTION IN THE PRESCRIBED FORM AND IN THE PRESC RIBED MANNER TO THE [*****] [PRINCIPAL COMMISSIONER OR COMMISSIONER] BEFORE THE 1ST DAY OF JUL Y, 1973, OR BEFORE THE EXPIRY OF A PERIOD OF ONE YEAR FROM THE DATE OF THE CREATION OF THE TRUST OR THE ESTABLISHMENT OF THE INSTITUTION, [WHICHEVER IS LATER AND SUCH TRUST OR INSTITUTION IS REGISTERED UNDER SECTION 12AA]: [ PROVIDED THAT WHERE AN APPLICATION FOR REGISTRATION OF THE TRUST OR INSTITUTION IS MADE AFTER THE EXPIRY OF THE PERIOD AFORESAID, THE PROVISIONS OF SECTIONS 11 AND 12 SHALL APPLY IN RELATION TO THE INCOME OF SUCH TRUST OR INSTITUTION, (I) FROM THE DATE OF THE CREATION OF THE TRUST OR THE ESTABLISHMENT OF THE INSTITUTION IF THE [*****] PRINCIPAL COMMISSIONER OR COMMISSIONER] IS , FOR REASONS TO BE RECORDED IN WRITING, SATISFIED THAT THE PERSON IN RECEIPT OF THE INCOME WAS PREVENTED FROM MAKING THE APPLICATION BEFORE THE EXPIRY OF THE PERIOD AFORESAID FOR SUFFICIENT REASONS; (II) FROM THE FIRST DAY OF THE FINANCIAL YEAR IN WH ICH THE APPLICATION IS MADE, IF THE [*****] [PRINCIPAL COMMISSIONER OR COMMISSIONER] IS NOT SO SATISFIED:] [ PROVIDED FURTHER THAT THE PROVISIONS OF THIS CLAUSE SHALL NOT APPLY IN RELATION TO ANY APPLICATION MADE ON OR AFTER THE 1ST DAY OF JUNE, 20 07;] - 4 - ITA NO.3529/AHD/2016 M/S.CHARUSAT HEALTH CARE VS. ITO ASST.YEAR 2012-13 [(AA) THE PERSON IN RECEIPT OF THE INCOME HAS MADE A N APPLICATION FOR REGISTRATION OF THE TRUST OR INSTITUTION ON OR AFTER THE 1ST DAY OF JUNE , 2007 IN THE PRESCRIBED FORM AND MANNER TO THE [PRINCIPAL COMMISSIONER OR COMMISSIONER] AND SUCH TRUST OR INSTITUTION IS REGISTERED UNDER SECTION 12AA;] [( AB ) THE PERSON IN RECEIPT OF THE INCOME HAS MADE AN APP LICATION FOR REGISTRATION OF THE TRUST OR INSTITUTION, IN A CASE WHERE A TRUST OR AN IN STITUTION HAS BEEN GRANTED REGISTRATION UNDER SECTION 12AA OR HAS OBTAINED REGISTRATION AT AN Y TIME UNDER SECTION 12A [AS IT STOOD BEFORE ITS AMENDMENT BY THE FINANCE (NO. 2) ACT, 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, WITH IN A PERIOD OF THIRTY DAYS FROM THE DATE OF SAID ADOPTION OR MODIFICATION, TO THE PRINCIPAL COM MISSIONER OR COMMISSIONER AND SUCH TRUST OR INSTITUTION IS REGISTERED UNDER SECTION 12AA ;;] (B) WHERE THE TOTAL INCOME OF THE TRUST OR INSTITUTION AS COMPUTED UNDER THIS ACT WITHOUT GIVING EFFECT TO [THE PROVISIONS OF SECTION 11 AND S ECTION 12 EXCEEDS THE MAXIMUM AMOUNT WHICH IS NOT CHARGEABLE TO INCOME-TAX IN ANY PREVIOUS YEAR], THE ACCOUNTS OF THE TRUST OR INSTITUTION FOR THAT YEAR HAVE BEEN AUDITED BY AN AC COUNTANT AS DEFINED IN THE EXPLANATION BELOW SUB-SECTION (2) OF SECTION 288 AND THE PERSON IN RECEIPT OF THE INCOME FURNISHES ALONG WITH THE RETURN OF INCOME FOR THE RELEVANT ASSE SSMENT YEAR THE REPORT OF SUCH AUDIT IN THE PRESCRIBED FORM DULY SIGNED AND VERIFIED BY SUC H ACCOUNTANT AND SETTING FORTH SUCH PARTICULARS AS MAY BE PRESCRIBED.] [(BA) THE PERSON IN RECEIPT OF THE INCOME HAS FURNI SHED THE RETURN OF INCOME FOR THE PREVIOUS YEAR IN ACCORDANCE WITH THE PROVISIONS OF SUB -SECTION (4A) OF SECTION 139, WITHIN THE TIME ALLOWED UNDER THAT SECTION..] [(C) * * * *]] [(2) WHERE AN APPLICATION HAS BEEN MADE ON OR AFTER THE 1ST DAY OF JUNE, 2007, THE PROVISIONS OF SECTIONS 11 AND 12 SHALL APPLY IN RELAT ION TO THE INCOME OF SUCH TRUST OR INSTITUTION FROM THE ASSESSMENT YEAR IMMEDIATELY FOLL OWING THE FINANCIAL YEAR IN WHICH SUCH APPLICATION IS MADE:] 5.1. A BARE READING OF THE FIRST PROVISO T O SEC.12A(2) OF THE ACT SHOWS THAT IT HAS NOT MADE APPLICABLE RETROSPECTIVELY. BUT NON APPLI CATION OF REGISTRATION FOR THE PERIOD PRIOR TO THE YEAR OF REGISTRATION CAUSES GENUINE HA RDSHIP TO CHARITABLE ORGANIZATIONS. IN THE ABSENCE OF REGISTRATION TAX LIABILITY GETS ATTACHED EVENTHOUGH THEY MAY OTHERWISE BE ELIGIBLE FOR EXEMPTION AND FULFILL THE OTHER SUBSTA NTIVE CONDITIONS. TO REMOVE THIS HARDSHIP, SECTION 12A OF THE ACT HAS BEEN AMENDED IN THE PROVISO ON 01.10.2014 WITH RETROSPECTIVE EFFECT IN THE MATTER AS FOLLOWS: - 5 - ITA NO.3529/AHD/2016 M/S.CHARUSAT HEALTH CARE VS. ITO ASST.YEAR 2012-13 [(2) WHERE AN APPLICATION HAS BEEN MADE ON OR AFTER THE 1ST DAY OF JUNE, 2007, THE PROVISIONS OF SECTIONS 11 AND 12 SHALL APPLY IN RELATION TO THE I NCOME OF SUCH TRUST OR INSTITUTION FROM THE ASSESSMENT YEAR IMMEDIATELY FOLLOWING THE FINANCIAL YEAR IN WHICH SUCH APPLICATION IS MADE:] [ PROVIDED THAT WHERE REGISTRATION HAS BEEN GRANTED TO THE TRU ST OR INSTITUTION UNDER SECTION 12AA, THEN, THE PROVISIONS OF SECTIONS 11 AND 12 SHALL AP PLY IN RESPECT OF ANY INCOME DERIVED FROM PROPERTY HELD UNDER TRUST OF ANY ASSESSMENT YEAR PRECEDING T HEAFORESAID ASSESSMENT YEAR, FOR WHICH ASSESS- PROCEEDINGS ARE PENDING BEFORE THE ASSESSING OFFICE R AS ON THE DATE OF SUCH REGISTRATION AND THE OBJEC TS AND ACTIVITIES OF SUCH TRUST OR INSTITUTION REMAIN THE SAME FOR SUCH PRECEDING ASSESSMENT YEAR. .... 5.2. AS A RESULT, WHERE A TRUST OR INSTITU TION WAS GRANTED REGISTRATION U/S.12AA OF THE ACT, THE BENEFIT OF SECTIONS 11 & 12 HAS BEEN M ADE AVAILABLE IN RESPECT OF ANY INCOME DERIVED FROM THE PROPERTY HELD UNDER THE SAI D TRUST IN ANY ASSESSMENT PROCEEDING FOR ANY EARLIER ASSESSMENT YEAR WHICH IS PENDING BE FORE THE AO AS ON THE DATE OF SUCH REGISTRATION, IF THE OBJECTS AN ACTIVITY OF SUCH TR UST OR INSTITUTION IN THE RELEVANT EARLIER ASSESSMENT YEAR ARE SAME AS THOSE ON THE BASIS ON W HICH SUCH REGISTRATION HAS BEEN GRANTED. IN EFFECT SUBSEQUENT GRANT OF REGISTRATIO N IN ALL THE CASES OPERATES RETROSPECTIVELY FOR ALL THE RELEVANT YEARS UNDER CONSIDERATION. 6. WE HAVE ALSO CONSIDERED THE JUDGEMENT CITED BY THE LD.AR PASSED BY THE CO- ORDINATE BENCH OF THIS LD.TRIBUNAL IN THE MATTER OF SHREE BHANUSHALI MITRA MANDAL TRUST VS. ITO, WARD-3, VAPI WHERE IT IS HELD IN TERMS OF FIRST PROVISO TO SECTION 12A(2) OF THE ACT REGISTRATION WAS GRANTED IN SUBSEQUENT YEAR BEN EFIT OF SAME HAS TO BE APPLIED IN EARLIER ASSESSMENT YEARS ALSO FOR WHICH ASSESSMENT PROCEEDINGS ARE PENDING BEFORE THE AO UNLESS, REGISTRATION GRANTED EARLIER IS CANCELLE D OR REFUSED FOR SPECIFIC REASONS. ANOTHER JUDGEMENT IN THE CASE OF CIT (EXEMPTIONS) V S. SHREE SHYAM MANDIR COMMITTEE (2014) 400 ITR 0466 AS RELIED UPON BY THE LD.AR HAS BEEN CONSIDERED BY US. 6.1. THE QUESTION RAISED BEFORE THE SAID BENCH WAS AS TO WHETHER THE LD.TRIBUNAL WAS JUSTIFIED IN APPLYING PROVISO TO SECTION 12A(2) INS ERTED W.E.F. 01.10.2014 WITH RETROSPECTIVE EFFECT IN SPITE OF THE FACTS THAT THE PROVISO HAS NO INDICATION OF BEING APPLIED - 6 - ITA NO.3529/AHD/2016 M/S.CHARUSAT HEALTH CARE VS. ITO ASST.YEAR 2012-13 IN THE EARLIER YEAR RETROSPECTIVELY. THE HONBLE H IGH COURT UPHELD THE VIEW OF THE LD.TRIBUNAL WITH THE FOLLOWING OBSERVATIONS:- 18. NOW, A BARE READING OF THE FIRST PROVISO TO SE CTION 12A(2) SHOWS THAT IT HAS NOT BEEN MADE APPLICABLE RETROSPECTIVELY. IT HAS BEEN INSERT ED IN THE ACT W.E.F. 01-10-2014, BY VIRTUE OF THE FINANCE (NO. 2) ACT, 2014. THUS, ORDI NARILY, IT OUGHT TO BE TAKEN AS APPLICABLE ONLY PROSPECTIVELY, AND NOT RETROSPECTIV ELY. HOWEVER, THE LAW IS WELL SETTLED TO THE EFFECT THAT IF THE PROVISO BROUGHT IN AS A PROC EDURAL OR BENEFICIAL ONE, INTENDING TO REMOVE HARDSHIP, IT IS APPLICABLE RETROSPECTIVELY. . 25. SO FAR AS REGARDS THE BRINGING IN OF THE FIRST PROVISO TO SECTION 12A(2), THE MEMORANDUM EXPLAINING THE PROVISIONS OF THE FINANCE (NO. 2) BILL, 365 ITR (STATUTE) 175 ITSELF ELABORATES THE INTENTION OF THE LEGISLAT URE BEHIND INSERTION THEREOF IN THE STATUTE BOOK. IT STATES, INTER ALIA, THAT NON-APPLI CATION OF REGISTRATION FOR THE PERIOD PRIOR TO THE YEAR OF REGISTRATION CAUSES GENUINE HARDSHIP TO CHARITABLE ORGANIZATIONS. DUE TO ABSENCE OF REGISTRATION, TAX LIABILITY GETS ATTACHE D EVEN THOUGH THEY MAY OTHERWISE BE ELIGIBLE FOR EXEMPTION AND FULFIL THE OTHER SUBSTAN TIVE CONDITIONS. THE POWER OF CONDONATION OF DELAY IS NOT AVAILABLE UNDER THE SEC TION. IN ORDER TO PROVIDE RELIEF TO SUCH TRUSTS AND REMOVE HARDSHIP IN GENUINE CASES, IT IS PROPOSED TO AMEND SECTION 12A OF THE ACT TO PROVIDE THAT IN A CASE WHERE A TRUST OR INST ITUTION HAS BEEN GRANTED REGISTRATION U/S. 12AA OF THE ACT, THE BENEFIT OF SECTIONS 11 AN D 12 SHALL BE AVAILABLE IN RESPECT OF ANY INCOME DERIVED FROM PROPERTY HELD UNDER TRUST IN AN Y ASSESSMENT PROCEEDINGS FOR ANY EARLIER ASSESSMENT YEAR, WHICH IS PENDING BEFORE TH E ASSESSING OFFICER AS ON THE DATE OF SUCH REGISTRATION, IF THE OBJECTS AND ACTIVITIES OF SUCH TRUST OR INSTITUTION IN THE RELEVANT EARLIER ASSESSMENT YEAR ARE THE SAME AS THOSE ON TH E BASIS OF WHICH SUCH REGISTRATION HAS BEEN GRANTED. 8.3 IN ORDER TO PROVIDE RELIEF TO SUCH TRUSTS AND REMOVE HARDSHIP IN GENUINE CASES, SECTION 12A OF THE INCOME-TAX ACT HAS BEEN AMENDED TO PROVIDE THAT IN A CASE WHERE A TRUST OR INSTITUTION HAS BEEN GRANTED REGISTRATION UNDER SECTION 12AA OF THE INCOME-TAX ACT, THE BENEFIT OF SECTIONS 11 AND 12 OF THE SAID ACT SHALL BE AVAILABLE IN RESPECT OF ANY INCOME DERIVED FROM PROPERTY HELD UNDER TRUST IN AN Y ASSESSMENT PROCEEDING FOR AN EARLIER ASSESSMENT YEAR WHICH IS PENDING BEFORE THE ASSESSING OFFICER AS ON THE DATE OF SUCH REGISTRATION, IF THE OBJECTS AND ACTIVITIES OF SUCH TRUST OR INSTITUTION IN THE RELEVANT EARLIER ASSESSMENT YEAR ARE THE SAME AS THOSE ON TH E BASIS OF WHICH SUCH REGISTRATION HAS BEEN GRANTED. - 7 - ITA NO.3529/AHD/2016 M/S.CHARUSAT HEALTH CARE VS. ITO ASST.YEAR 2012-13 7. WE HAVE HEARD THE REPRESENTATIVES OF THE RESPECT IVE PARTIES. WE HAVE PERUSED THE RELEVANT MATERIALS AVAILABLE ON RECORD. IN THIS PAR TICULAR CASE, CORPUS DONATION WAS RECEIVED IN THE AY 2012-13. THE REGISTRATION OF TR UST WAS GRANTED ON 10.04.2012 DURING THE PENDENCY OF THE ASSESSMENT PROCEEDING FOR THE A Y 2012-13. THEREFORE, IF THE PROVISO OF SECTION 12A(2) IS APPLIED IN THE INSTAN T CASE, THE ASSESSEE IS ENTITLED TO THE RELIEF TOWARDS CORPUS DONATION RECEIVED IN THE AY 2012-13 SINCE REGISTRATION OF THE TRUST WAS GRANTED PENDING ASSESSMENT PROCEEDING OF AY 2012-13 IN VIEW OF THE RETROSPECTIVE EFFECT GIVEN IN THE SAID PROVISO INSE RTED BY AMENDMENT. RELYING UPON THE DISCUSSIONS MADE BY US HEREINABOVE AND TAKING INTO CONSIDERATION THE JUDGEMENTS CITED BY THE LD.AR, WE ARE OF THE OPINION THAT THE ASSESS EE IS ENTITLED TO CLAIM EXEMPTION OF CORPUS DONATION U/S.11(1)(D) OF THE ACT IN VIEW OF THE BENEFICIAL LEGISLATION EMBEDDED IN PROVISO W.E.F. 01.10.2014 INSERTED TO SECTION 12A(2 ) OF THE ACT. WE, THEREFORE, ALLOW THE CLAIM OF THE ASSESSEE REJECTING THE ORDER PASSED BY THE AUTHORITIES BELOW. 8. IN THE RESULT, APPEAL PREFERRED BY THE ASSESSEE IS THUS ALLOWED. THIS ORDER PRONOUNCED IN OPEN COURT ON 19/06/2018 SD/- SD/- ( ) ( ) (AMARJIT SINGH) ( MS. MADHUMITA ROY ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 19/ 06 /2018 2,..*,.*../ T.C. NAIR, SR. PS - 8 - ITA NO.3529/AHD/2016 M/S.CHARUSAT HEALTH CARE VS. ITO ASST.YEAR 2012-13 !'#' / COPY OF THE ORDER FORWARDED TO : 1. #% / THE APPELLANT 2. &'#% / THE RESPONDENT. 3. 34 5 / CONCERNED CIT 4 . 5 ( ) / THE CIT(A)-5, VADODARA 5. 89:& *4 , ,40 , 3 / DR, ITAT, AHMEDABAD 6. :;<=+ / GUARD FILE. / BY ORDER, '8 & //TRUE COPY// / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. DATE OF DICTATION .. 13.6.18(DICTATION-PAD 19-P AGES ATTACHED AT THE END OF THIS APPEAL-FILE) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 13.6.18 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S.19.6.18 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 19.6.18 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER