9911796707
TMI Blog2010 (4) TMI 275X X X X Extracts X X X X X X X X Extracts X X X X ..... to 2005-06, condoning the delay and directing the Commissioner of Income Tax to grant registration certificate to the assessee respondent Market Committee, Grain Market, Sector 26, Chandigarh. 2. The facts are undisputed. The income of the assessee-respondent was exempt under Section 10(20) of the Act before amendment by the Finance Act, 2002, which came into force from 1.4.2003. The Market Committees were excluded from the purview of Section 10(20) of the Act with effect from the assessment year 2003-04. Accordingly, the assessee-respondent filed an application dated 14.3.2006 for registration under Section 12A of the Act w.e.f. 1.4.2002 to get its income exempt. The Commissioner held that the assessee-respondent Market Committee had re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 31.3.2009 (A-6), the Tribunal has condoned the delay and directed the Commissioner of Income Tax to grant registration under Section 12A of the Act to the assessee-respondent with effect from 1.4.2002. 5. The view of the Tribunal is discernible from the last para of its order. It has been observed that had the assessee-respondent been a party to the proceedings before the Delhi Bench where 251 Market Committees of Punjab and Haryana were parties, then the question of seeking condonation of delay would not have arisen. It is pertinent to mention that the Delhi Bench of the Tribunal had condoned the delay in its order dated 14.3.2005, which is now reported as Market Committee Sullar Gharat and others v. CIT, (2005) 94 TTJ (Del) 692. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... basis of numerous factors the Tribunal has condoned the delay and has directed registration of the assessee-respondent with effect from 1.4.2002 then the discretion exercised by the Tribunal would not be open to interference merely because the department is holding a contrary view or another view is possible. The Punjab State Agricultural Market Board has already been granted exemption and registration vide order dated 14.3.2005. Moreover, there was a bona fide belief with the assessee-respondent that the benefit of registration would enure to it as well. The charitable nature of the assessee-respondent is undisputed as registration has in any case granted w.e.f. 1.4.2005. Therefore, we are not inclined to entertain the appeal because no qu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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