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2015 (2) TMI 444 - AT - Income TaxRegistration u/s 12AA rejected - date of the order on which the application was disposed should be served on the assessee before the period of limitation provided u/s 12AA - Held that:- Identical issue was examined by the Madras High Court in DIT (Exemption) vs Anjuman-E-Khyrkhah-E-Aam (2010 (12) TMI 957 - Madras High Court) and found that when the order was passed by the Commissioner within the period of six months it cannot be held to be violative of section 12AA of the Act. This Tribunal is of the considered opinion that in view of the language employed by the Parliament consciously, wherever there is prohibition from passing the order after the specified period, the order shall go out of the control of the officer who has passed the order before the specified period. However, wherever, “the order shall be passed” is mentioned, then, it shall be served on the assessee within a reasonable period so as to enable the concerned person to challenge the same in case the concerned person felt aggrieved. Once the order is served on concerned person, the effect of the order will come into force. Since the order is admittedly served within a period of two weeks this Tribunal is of the considered opinion that the impugned order passed by the Commissioner is not barred by limitation. - Decided against assessee. Violation of provisions of section 13(1)(c) - report called for by the Commissioner was not confronted to the assessee and that the financial transaction of the assessee with the managing director which was found in the assessment order of the managing director, was not admitted - Held that:- Though the assessment order relied upon by the Commissioner is that of the managing trustee, the ld.representative now claims that no admission is made in respect of cash deposit of ₹ 38,81,545. As rightly submitted by the ld.representative for the assessee, an opportunity shall be given to the assessee to explain the circumstances under which the deposit was made in SBI to the extent of ₹ 38,81,545. Since such an opportunity was not given, this Tribunal is of the considered opinion that the matter needs to be reconsidered. Decided in favour of assessee for statistical purposes.
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