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2014 (6) TMI 298 - AT - Income TaxDenial of registration u/s 12AA of the Act – Held that:- The effect of non-consideration of the application for registration within the time fixed by section 12AA(2) would be a deemed grant of registration – there was no reason to make the assessee suffer because the IT Department is not able to keep its officers under check and control, so as to take timely decisions in such simple matters such as consideration of applications for registration even within the large six month period provided by s. 12AA(2) of the Act - Commissioner does not pass any orders even after six months from receipt of Tribunal’s order remitting the matter to him - The registration will be deemed to have been granted – thus, the preliminary objection raised by the assessee is upheld and the Commissioner is directed to issue approval of registration – Decided in favour of Assessee. Denial of approval u/s 80G of the Act – Held that:- As the registration u/s12AA is granted - The very foundation for denial of approval u/s 80G thus ceases to hold good in law – Decided in favour of assessee.
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