TMI Blog2014 (5) TMI 1134X X X X Extracts X X X X X X X X Extracts X X X X ..... V, JUDICIAL MEMBER AND SHRI. A. K. GARODIA, ACCOUNTANT MEMBER Appellant by: Shri. Yogesh Agarwal, Advocate Respondent by: Shri. Vivek Mishra, CIT (DR) O R D E R PER SUNIL KUMAR YADAV: This appeal is preferred by the assessee against the order of the ld. Commissioner of Income-tax denying registration under section 12AA of the Income-tax Act, 1961 (hereinafter called in short the Act ), inter alia, on the following grounds:- 1. BECAUSE looking to the chronology of relevant dates and events as given hereunder:- Dates Events (i) 16.3.2009 Application seeking registration under section 12AA w.e.f. 1.4.2009 was filed before the Id. CIT-I, Luc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irections contained in the order dated 28.01.2010 passed by the Hon'ble ITAT, is wholly vitiated in law. WITHOUT PREJUDICE TO THE AFORESAID 4. BECAUSE the CIT has erred in law and on facts in holding that the activities of the assessee detailed in para 1 above, are evidently real, substantial, systematic and organized without any shadow of doubt partake of the nature of business and in holding that objects are hit by the first proviso to section 2(15) of the Act, and in rejecting the claim for registration under section 12AA as an institution existing for charitable purposes . 5. BECAUSE the case laws referred to and relied upon by the CIT in arriving at the aforesaid conclusion had been rendered in an altogether differe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der section 12AA could not have been rejected by applying the proviso to section 2(15) of the Act as it came in force w.e.f. 1.4.2009. 8. BECAUSE the appellant is not an industry and trade association which alone are covered by the said proviso as per the Circular No.11 of 2008 dated 19.12.2008 but it being an 'Authority' constituted by the Government of Uttar Pradesh under Uttar Pradesh Industrial Area Development Act, 1976, for carrying on and implementing the objectives and policies of the State Government itself fully eligible for grant of registration under section 12AA of the Act. 9. BECAUSE after having accepted that the objects of the appellant are the objects of general public utility and there being no dispute ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The assessee has raised a preliminary objection through these grounds that the ld. Commissioner of Income-tax has passed the order under section 12AA of the Act after a period of six months from the order of the Tribunal restoring the matter to his file vide order dated 28.01.2010 in ITA No. 630/LUC/2009. Since the ld. Commissioner of Income-tax has not passed the order under section 12AA of the Act within a period of six months from the date of receipt of the order of the Tribunal, registration is deemed to have been granted in the light of the provisions of section 12AA(2) of the Act, according to which the ld. Commissioner of Income-tax is required to grant or refuse registration under clause (b) of sub-section (1) of section 12AA of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istration will be deemed to have been granted. The relevant observations of the Tribunal is extracted hereunder:- 4. In our considered view, plea of the assessee deserves to be accepted in the light of Hon'ble jurisdictional High Court's judgment in the case of Society for Promotion of Education, Adventure Sports and Conservation of Environment (supra), wherein their Lordships have, inter alia, observed as follows:- The apex Court has also applied doctrine of purposive interpretation in fiscal statutes that would be evident from its decision in CIT vs. Anjum M.H. Ghaswala Ors. (2001) 171 CTR (SC) 1 : JT 2001 (9) SC 61. Considering the pros and cons of the two views, we are of the opinion that by far the better interpretati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er legal and factual issues raised by the assessee. 5. The Hon'ble jurisdictional High Court in the case of Society for the Promotion of Education Adventure Sport Conservation of Environment vs. CIT Others (supra) has held that non-consideration of the application for registration under section 12A within the time fixed by section 12AA(2) would be a deemed grant of registration. 6. Following the aforesaid order of the Tribunal and also the judgment of the jurisdictional High Court, we hold that since the ld. Commissioner of Income-tax has not disposed of the application for registration within a period of six months consequent to the order of the Tribunal remitting the matter back to him vide its order dated 28.1.2010, regist ..... X X X X Extracts X X X X X X X X Extracts X X X X
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