LADY K.C. ROY MEMORIAL TRUST,RANCHI V. ITO, EXEMPTION WARD, RANCHI, RAMCHI

ITA 30/RAN/2025

AI Insights

The case involves the Lady K.C. Roy Memorial Trust appealing against the orders of the CIT(A), NFAC, Delhi for the assessment years 2017-18 and 2018-19. The primary issue was the timing of the registration under Section 12A of the Income Tax Act, 1961, which was granted after the return of income for the assessment year 2017-18 was processed. The assessee argued that since the registration was granted before the order under Section 154 was passed, they should be entitled to the benefits of Section 12A for all the years where the proceedings are pending. The CIT-DR did not raise any serious objection to restoring the issues to the Assessing Officer for re-evaluation.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 826894 (ITAT-RANCHI)
• Duration Of Justice: 10 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-01-2026
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Assessment Year: 2017-2018
• Appeal Filed On: 06-02-2025
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Opportunity of being heard
• Section: 154; 12A

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL, RANCHI BENCH, RANCHI BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI RATNESH NANDAN SAHAY, ACCOUNTANT MEMBER ITA No. 30 & 31/Ran/2025 (Assessment Years-2017-18 & 2018-19) Lady K.C. Roy Memorial Trust, Near Biswas Bhawan, HB Road, Lalpur, Ranchi-834001. PAN No. AAATL 8668 D Vs. I.T.O., Exemption Ward, Ranchi. Appellant/ Assessee Respondent/ Revenue Assessee represented by Shri Devesh Poddar, A.R. Department represented by Shri Rajib Jain, CIT-DR Date of hearing 05/01/2026 Date of pronouncement 05/01/2026 O R D E R PER: BENCH 1. These are the appeals filed by the assessee against the orders of the ld. CIT(A), NFAC, Delhi both dated 19/12/2024 for the A.Y. 2017-18 and 2018- 19 respectively. 2. Shri Devesh Poddar, ld. Authorised Representative represented on behalf of the assessee and Shri Rajib Jain, ld. CIT-DR represented on behalf of the revenue. 3. It was submitted by the ld. Authorised Representative that the assessee had applied for registration under Section 12A of the Income Tax Act, 1961 (in short, the Act) on 30/03/2020. The return of income had been filed by the assessee and the return was processed under Section 143(1) to the impugned assessment year 2017-18 on 27/03/2019. It was a submission that the registration under Section 12A had been granted to the assessee on 17/09/2020. It was a submission that the assessee had filed rectification Printed from counselvise.com ITA No. 30 & 31/Ran/2025 Lady K.C. Roy Memorial Trust Vs ITO(E) 2 application under Section 154 of the Act which came to be disposed by an order dated 07/02/2022. It was a submission that against the said 154, the appeal had been filed before the ld. CIT(A) and the ld. CIT(A) came to dismiss the appeal of the assessee vide order dated 19/12/2024. It was a submission that as the assessee had made the application for 12A and the assessee had been granted the registration on 17/09/2020. Much before the order under Section 154 was passed as the assessee had been granted registration, the assessee would be entitled to the benefits of Section 12A of the Act for all the years where the proceedings are pending. It was a submission that he had no objection if the issues are restored to the file of Assessing Officer for readjudication. 4. In reply, the ld. CIT-DR did not raise any serious objection. 5. Considering the submissions of the ld. AR and considering the fact that the assessee has been granted registration under Section 12A on 17/09/2020, the issues in both the appeals are restored back to the file of Assessing Officer for readjudication after granting the assessee adequate opportunity of being heard. 6. In the result, both the appeals of assessee are partly allowed for statistical purpose. Order announced in open court on 05/01/2026 Sd/- Sd/- (RATNESH NAN DAN SAHAY) (GEORGE MATHAN) ACCOUNTANT MEMBER JUDICIAL MEMBER Ranchi, Dated: 05/01/2026 *Ranjan Printed from counselvise.com ITA No. 30 & 31/Ran/2025 Lady K.C. Roy Memorial Trust Vs ITO(E) 3 Copy to: 1. Assessee 2. Revenue 3. CIT 4. DR By order 5. Guard File Sr. Private Secretary, ITAT, Ranchi Printed from counselvise.com "