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2016 (7) TMI 709 - RAJASTHAN HIGH COURT

2016 (7) TMI 709 - RAJASTHAN HIGH COURT - [2016] 386 ITR 20 - Registration under Section 12AA(a)(ii) - what should be the effective date for acceptance of the application for registration? - Held that:- The view expressed by different High Courts is about the requirement to submit audited accounts along with the application. The requirement is held to be directory in nature and not mandatory. If filing of the the audited accounts is not mandatory, the application submitted by the non-appellant c .....

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fect and the audited accounts were submitted later on because submission of audited accounts along with the application was not mandatory. - D.B. Income Tax Appeal No. 711/2008 - Dated:- 18-5-2016 - M. N. Bhandari And J. K. Ranka, JJ. For the Petitioner : Nikhil Simlote, RB Mathur For the Respondent : Sandeep Taneja ORDER By this appeal, a challenge is made to the order of Income Tax Appellate Tribunal, Jaipur Bench, Jaipur (in short the Tribunal ) dated 29.02.2008. Learned counsel for the appel .....

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from the date of submission of the application with condonation of delay. The audited accounts were not submitted along with application and the defect aforesaid was cured later on. Learned Tribunal thus committed grave illegality while ignoring mandate of Section 12AA (a)(ii) of the Act. In the light of the aforesaid, the order of the learned Tribunal may be set aside. A reference of the judgment of Gujrat High Court in the case of HeeraLal Bhagwati Vs. Commissioner of Income Tax, reported in 2 .....

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as not mandatory in nature and in absence of mandate to submit audited account along with the application, the registration is to be taken from the date of application. The application was wrongly considered to be defective. The order of the Tribunal is supported by the judgments of Madhya Pradesh High Court as well as of Punjab and Haryana High Court. A reference of the judgment of Allahabad High Court in the case of CIT Vs. Sri Baldeoji Maharaj Trust (1983) 142 ITR 584 has also been given. The .....

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