TMI Blog2018 (6) TMI 1808X X X X Extracts X X X X X X X X Extracts X X X X ..... section 12AA of the Act which is parameteria to provisions of section 10(23C)(vi) of the Act, we hold that since the Commissioner has not disposed off application dated 31.03.2006 within period of six months, the registration is deemed to be granted to the assessee w.e.f. 30.09.2006 i.e. after expiry of six months from the date of making application. Hence, applicant is entitled to grant deduction under section 10(23C)(vi) of the Act w.e.f 30.09.2006 which falls within assessment year 2007-08. - M.A. Nos. 46 to 49 /PUN/2016 (Arising out of ITA Nos. 1913 to 1916/PUN/2013) - - - Dated:- 5-6-2018 - Ms. Sushma Chowla, JM And Shri Anil Chaturvedi, AM For the Assessee : Shri Kishore Phadke. For the Revenue : Shri Achal Sharma. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edly overruled and the earlier decision of the Hon'ble Allahabad High Court in the case of Society for the Promotion of Education Adventure Sport and Conservation of Environment Vs. CIT, 261 CTR (All) 167 is confirmed. The applicant further submitted that the issue of deemed approval has been finally decided in favour of assessee considering the above referred Apex court decision. Applicant further contented that a particular issue gets decided at an anterior stage and the very same issue gets decided in a contrary manner, subsequently, either by the Jurisdictional High Court or by the Supreme Court, a mistake apparent from record arises. It is a settled proposition that a decision of the Apex Court leads to declaration of law as it was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the case of CIT Vs. Society for The Promotion of Education (supra.) and pointed out that it has been held six months thereafter i.e. from the date of filing of application, registration is deemed to be granted to the applicant. He fairly admitted that present miscellaneous applications relating to assessment year 2002-03 to 2004-05 were tax neutral. The Applicant was aggrieved by denial of deduction under section 10(23C)(vi) of the Act for the assessment year 2007-08. 5. The Ld. DR for the Revenue referring to the decision of Hon'ble Supreme Court and Full Bench decision of Hon'ble Allahabad High Court pointed out that the issue arising in the present miscellaneous application was whether by decisions of Hon'ble Supreme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iew of the ratio laid down by the larger Bench of the Hon ble Allahabad High Court (supra) and in the facts of the present case, where admittedly, the assessee had not received the approval from the prescribed authority under section 10(23C)(vi) of the Act, it could not be said that non-disposal of an application under section 10(23C)(vi) of the Act would result in deemed grant of approval to the assessee, enabling it to claim deduction under section 10(23C)(vi) of the Act. We are not going into the merits of various applications filed by the assessee either along with return of income and / or not before the CCIT, Pune, in view of our reliance on the ratio laid down by larger Bench of Hon ble Allahabad High Court (supra). Thus, we find no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which the Judgment could be understood. Therefore, in order to disabuse any apprehension, we make it clear that the registration of the application under Section 12AA of the Income Tax Act in the case of the respondent shall take effect from 24.08.2003. 6. Subject to the above clarification and leaving all other questions of the law open, the appeal is disposed of with no order as to costs. 10. Since the issue, now has been decided by the Hon'ble Supreme Court. Then in such circumstances, contrary view taken by the Tribunal is to be rectified since the mistake apparent from record arises in the case of applicant. Such is a view taken by the Hon'ble Supreme Court in the case of ACIT Vs. Saurashtra Kutch Stock Exchange Li ..... X X X X Extracts X X X X X X X X Extracts X X X X
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