TMI Blog2009 (10) TMI 947X X X X Extracts X X X X X X X X Extracts X X X X ..... evenue for Assessment year 2001-02 arises out of the order of the Director of Income-tax (Exemptions), New Delhi against the order passed u/s 12A(1)(b) read with section 12A of the I.T. Act, 1961 on application filed for registration on 31.5.2007. 2. The facts of the case stated in brief are that Smt. Basanti Devi Sh. Chakkan Garg Education Trust was created on 8.2.2001. The assessee filed ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d u/s 12A. The DIT(E) accordingly rejected the request for condonation of delay. 3. Before us, Ld.Counsel for the assessee submitted that the assessee filed application for registration u/s 12A on 19.3.2002, wherein request for condonation of delay was made. The DIT(E) asked for certain details but since the assessee was not able to file the reply regarding genuineness of trust; its object; and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .DR supported the order of the DIT(E). 4. We have heard both the parties and gone through the material available on record. It is an undisputed fact that first application filed by the assessee for registration u/s 12A dated 19.3.2002 was rejected by DIT(E) vide order dated 26/27.09.2002 as the clarification on genuineness of trust and its object and activities could not be verified. No appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t from the financial year in which the application was made. It was also stated in the said notice that if the assessee had not filed application for registration within one year of creation for establishment and want to avail of the exemption for earlier years, the application was to be filed before 1st day of June, 2007. This notice appeared in the newspaper pertains to the registration granted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hen registration has been granted on the basis of application wherein no such condonation of the delay was sought for and registration has been allowed from the 1st day of April to the year in which the application was filed. Accordingly, in our considered opinion, the DIT(E) was justified in rejecting the grant of registration with effect from the date of creation of the trust. 5. In the resul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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