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2017 (2) TMI 394 - HC - Income TaxDelay in filing application for registration under section 12A - reasons for delay - Held that:- Initial application filed by the society did not make any request for condonation of delay and no justification was given. In the subsequent application filed seeking condonation of delay, the only reason given is that the society was not aware that instead of getting separate individual educational institutions registered, society itself should have got registration. This explanation has not been found satisfactory by the Commissioner of Income-tax since society admittedly had assistance of well qualified chartered accountants, etc. and it is not the case that registration granted to two educational institutions separately was illegal or impermissible. The Tribunal has discussed several law, applicable for considering the question of condonation of delay under the Limitation Act, 1963 but looking to the language of the statute in the case in hand, we do not find that the respondents have given any such explanation, what to say of satisfactory, and the Tribunal has read much more therein which has not been stated at all. The registration of the individual institutions have been cancelled with the consent prospectively and simultaneously, society as a whole, has been granted registration. Therefore, in our view, the Tribunal in condoning delay and granting registration to society with effect from April 1, 1973, has erred in law and the aforesaid judgment and order cannot be sustained.
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