TMI Blog2012 (4) TMI 422X X X X Extracts X X X X X X X X Extracts X X X X ..... ol will be treated as having been validly issued to the respondent-society and therefore, the Assessing Officer will assess the income of the respondent-society for the assessment year 1998-99 onwards for all the assessment years – Revenue appeal to dis allow the registration on retrospective effect and there was delay of 3 years & 4 months in preferring an appeal against the order - Held that:- if the order of the Tribunal is set aside it will be against and contrary to the interest of the Revenue as they would not be able to now assess required tax in respect of income right from 1998-99 onwards - as noticed lapses on both the sides and interfering with the impugned order will lead to difficulties and not in the interest of the Revenue wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rm 10A for registration under Section 12A of the Income Tax Act, 1961 (herein referred as Act ) w.e.f. 1.4.2002. By order dated 17.6.2004, the Director of Income Tax (Exemption) granted registration w.e.f. 1.4.2003. He rejected the request/prayer of the respondent-society for registration w.e.f. 1.4.2002. 3. In spite of the aforesaid position, the Assessing Officer did not issue any notice under Section 147/148 of the Act to the respondent-assessee calling upon them to file a return and assess them tax for the period prior to 1.4.2003. 4. It appears that the Assessing Officer at Alwar issued notices under Section 147/148 in respect of the school on the ground that they did not have requisite registration under Section 12A and their ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent-society shall be treated as registered under Section 12A w.e.f. 1.4.1997; the notices issued under Section 147/148 of the Act to the school will be treated as having been validly issued to the respondent-society and therefore, the Assessing Officer will assess the income of the respondent-society for the assessment year 1998-99 onwards for all the assessment years. 8. The respondent-assessee had preferred ITAs before this Court which were disposed of vide order dated 2.12.2010 giving liberty to the assessee to raise the issues in the present appeal filed by the Revenue. The contention of the revenue is that registration under Section 12A should not have been granted with retrospective effect. There may be some merit in the said ..... X X X X Extracts X X X X X X X X Extracts X X X X
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