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2016 (3) TMI 1110 - AT - Income TaxRegistration u/s 12A - assessee contended before the CIT (A) that once the registration u/s 12A of the Act was granted to an assessee even at a later date, the same was applicable for the pending assessment proceedings for the earlier assessment years - Held that:- AO was not justified in taking a stand that registration u/s 12A was not applicable to the assessee for the AYs under dispute and the condonation petition for delay in filing the application for registration u/s 12A [for the AYs under dispute] has not yet been decided by the CBDT and, therefore, the total incomes of the assessee were to be assessed as per commercial principles. The CIT (A) was also not justified in taking a similar stand that of the AO, without taking cognizance and intention of the amendment to s. 12A of the Act. If no judicious or a liberal view is not taken either by the assessing authority or the appellate authority as in the case under consideration, the very purpose for which such an amendment to s. 12A of the Act enacted,in our view, would be defeated. - Decided in favour of assessee.
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