TMI Blog2021 (3) TMI 969X X X X Extracts X X X X X X X X Extracts X X X X ..... THAT:- As far as the question raised relating to the genuineness of the Trust claiming exemption and registration under Section 12AA of the Income Tax Act is concerned, the Hon'ble Division Bench earlier rejected the plea of the Revenue and agreed with the conclusion of the Tribunal stating that it is purely a question of fact. The Hon'ble Division Bench has rightly decided the said question of law against the Revenue. Hence, we are not inclined to give any finding with regard to the 1st question of law. Whether Tribunal was right in holding that there were sufficient reasons for the delay in filing the application for registration even though the assessee had not explained the delay from January 2003 to 2006 and the assessee Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .A.No.827 of 2010 - - - Dated:- 12-3-2021 - Hon'ble Mr. Justice M.Duraiswamy And Hon'ble Mrs.Justice T.V.Thamilselvi For the Appellant : Mr.J.Narayanasamy, Senior Standing Counsel For the Respondent : Mr.T.Vasudevan JUDGMENT M.DURAISWAMY, J. Challenging the order passed in I.T.A.No.1877/Mds/2009 on the file of the Income Tax Appellate Tribunal, Chennai, B Bench, the Revenue has filed the above appeal. 2.The appellant has raised the following substantial questions of law in the grounds of appeal: 1)Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in setting aside the order of the Commissioner of Income Tax u/s.12AA rejecting the application for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t question of law. 4.So far as the 2nd question of law is concerned, the Tribunal, while setting aside the order passed by the Commissioner of Income Tax with direction to grant registration to the Trust, further directed the Commissioner to decide the issue with regard to condonation of delay by taking a lenient view and in accordance with the observation made by the Tribunal. The application for registration was made by the assessee Trust on 27.02.2006 for getting the registration done retrospectively from 01.04.2002. 5.As per Section 12A (1) proviso (2) of the Income Tax Act, the registration of the Trust or Institution shall be made from the first day of the Financial Year in which the application is made. So far as the present ..... X X X X Extracts X X X X X X X X Extracts X X X X
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