9911796707
TMI Blog2022 (7) TMI 637X X X X Extracts X X X X X X X X Extracts X X X X ..... Port Trust-Petitioner has filed this petition questioning an order dated 28th September, 2021 passed by the Joint Commissioner of Income Tax (OSD) Circle-1(1), Cuttack rejecting the Petitioner's request to give effect to the registration granted to it under Section 12AA of the Income Tax Act, 1961 ('Act') for the period from 1st April, 2002 to 31st March, 2005. 3. The background facts are that the Petitioner was constituted as a Major Port under the Major Port Trust Act, 1963 by a Notification dated 27th September, 1967 of the Ministry of Transport and Shipping (Transport Wing), Government of India. 1st November, 1967 was the date of creation of the Petitioner-Trust. 4. On 28th March 2006, the Petitioner filed an application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4th June 2021, the CIT asked the Petitioner to submit copies of its original Income Tax Returns (ITRs) and Tax Audit Reports (TARs) and an original copy of the order dated 23rd March, 2017 granting it registration under Section 12AA of the Act. This was complied with. 7. On 28th September 2021, the impugned order was passed by the JCIT where inter alia the request of the Petitioner was rejected on the following grounds: "xxx xxx xxx 2. In this context, it can be stated that there is no provision under Income Tax Act, 1961 exists to give effect to 12AA registration by Assessing Officer. 3. Under the law, it is up to assessee, who is granted 12AA registration, to claim benefit under Section 12AA of the Income Tax Act, 1961, while filin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act for the AYs in question only on 23rd March, 2017 and, therefore, the Petitioner could not be blamed for the delay in making the claim. Thirdly, despite five written requests, the Opposite Parties had not responded to the Petitioner's request for making an assessment for the AYs by giving effect to the registration granted under Section 12 AA of the Act. 10. As regards the judgment of the Supreme Court in Goetze (India) Ltd. v. CIT (2006) 284 ITR 323 (SC), the requirement therein that a revised return should be filed, has also been fulfilled by the Petitioner. Admittedly, it has filed its revised returns on 29th July, 2021. 11. In Dalmia Power Ltd. v. Assistant Commissioner of Income Tax, (2020) 420 ITR 339 (SC), the Suprem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsidered and processed in accordance with law. The said delay should be taken to have been condoned in the facts and circumstances pointed out hereinbefore. 14. Accordingly, a direction is issued to the Deputy Commissioner of Income Tax (Circle-1), Cuttack (DCIT) to process the revised returns of the Petitioner for the AYs 2003-04, 2004-05 and 2005-06 wherein the Petitioner has asked for the registration under Section 12AA granted to it by the CIT by the order dated 23rd March, 2017 to be given effect to and to consider its claim for exemption thereunder. The assessment order on the revised returns be passed by the DCIT, after hearing the Petitioner, within a period of three months from today and in any event, not later than 10th October, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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