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2017 (1) TMI 1654 - HC - Income TaxDeemed grant of registration u/s 12AA (2) - Non-disposal of application for registration within a period of six months - HELD THAT:- As decided in MUZAFAR NAGAR DEVELOPMENT AUTHORITY [2015 (3) TMI 99 - ALLAHABAD HIGH COURT (LB)] Non disposal of an application for registration, by granting or refusing registration, before the expiry of six months as provided under Section 12AA (2) of the Income Tax Act 1961 would not result in a deemed grant of registration and the judgment of the Division Bench of this Court in Society for the Promotion of Education Adventure Sport & Conservation of Environment [2008 (4) TMI 700 - ALLAHABAD HIGH COURT] does not lay down the correct position of law. Merger of decision of High Court with Supreme Court - against Judgment of HC, Supreme Court dismissing appeal stating "leaving all other questions of law open" - HELD THAT:- We find that Supreme Court in the judgment [2016 (2) TMI 1175 - SUPREME COURT OF INDIA] , has held that all other questions of law are left open, meaning thereby question of law raised in appeal by C.I.T. has not been decided, but left open, hence, it cannot be said that judgement of this Court has merged with the judgment of Supreme court on the above question of law, which was decided by this Court in Society for the Promotion of Education, Allahabad [2008 (4) TMI 700 - ALLAHABAD HIGH COURT] . In view of Full Court Judgment in Commissioner Income Tax vs. Muzafar Nagar Development Authority,[2015 (3) TMI 99 - ALLAHABAD HIGH COURT (LB)] ; the question formulated above is answered against Assessee.
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