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| The Tax Publishers2020 TaxPub(DT) 2010 (Jp-Trib) INCOME TAX ACT, 1961
Section 12AA(1), Proviso
In the absence of finding recorded in writing by CIT(E) that as to why explanation of assessee seeking condonation of delay in filing of application for registration under section 12AA had been rejected, matter was remanded to CIT(E) to pass a speaking order as per law after providing reasonable opportunity to assessee trust.
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Charitable trust - Registration under section 12AA(1) - Matter regarding condonation of delay not taken cognizance of by CIT(A) and registration was denied since date of inception -
Assessee trust filed application in Form 10A on 28-5-2007 for registration under section 12AA. From date of its inception, i.e., 9-7-1970 whereas CIT(E) granted registration with efect from 1-4-2007. Grievance of assesse trust was regarding non-grant of registration with retrospective effect from the date of its inception. Assessee challenged this.Held: Proviso to section 12A(1) clearly specifies that CIT(E) has to give reasons and record his reasoning in writing before he arrives at a conclusion that in a given matter, delay in filing of application for registration under section 12AA can be condoned or not. In assessee's case there was nothing in the Order of CIT(E) to remotely suggest that he had taken cognizance of condonation application filed by assessee trust and had stated his reasons as to why explanation of assessee seeking condonation of delay in filing of application had been rejected. Therefore, in absence of findings of the CIT(E), matter was remanded back to him to examine and expeditiously adjudicate the matter relating to delay in filing of application seeking registration under section 12AA and pass a speaking order as per law after providing reasonable opportunity to assessee trust.
REFERRED :
FAVOUR : In Matter remanded
A.Y. :
IN THE ITAT, JAIPUR BENCH
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