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2012 (4) TMI 422 - HC - Income TaxSaga of errors from both the assessee and the revenue - Society carrying on charitable activities formed in the year 1979 - no income tax return filed till 2003 - AO did not issue any notice U/S. 147/148 to the respondent-assessee calling upon them to file a return for the period prior to 1.4.2003 - school in Alwar treating itself as an assessee filing returns with the AO at Alwar – society filed an application in Form 10A for registration under Section 12A - Order passed by Tribunal that the 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 – 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 when the respondent-assessee has not been issued notice under Section 147/148 for any of the assessment years - appeal is dismissed.
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