- (1.) Heard Sri Manish Misra, learned counsel for the appellant as well as Sri Anand Prakash Sinha, learned counsel representing the respondent.
(2.) This appeal has been preferred under Section 260-A of the Income Tax Act- 1961. Challenge has been made to the order dated 26.11.2018 passed by the Learned Income Tax Appellate Tribunal (hereinafter referred to as "the Tribunal") .
(3.) The appeal was admitted by this Court on following substantial questions of law, which are quoted for ready reference:- 1. Whether the Income Tax Appellate Tribunal was justified in allowing retrospective coverage to the assessee U/s 11 and 12 of the Act, 1961 by holding that the appellate proceeding can be regarded as assessment proceeding ? 2. Whether the Income Tax Appellate Tribunal has rightly applied the proviso of Sec. 12A (2) for A.Y. 2011-12 in the case of assessee when admittedly the assessee got registration U/s 12AA from A.Y. 15-16 ? 3. Whether the Income Tax Appellate Tribunal was justified in holding that the assessee is eligible for exemption U/s 11 of the Act even when the assessee was not registered U/s 12AA of the Act at the time of passing of the assessment order?;