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2011 (1) TMI 1339 - HC - Income Tax

Issues involved: Registration under Section 12A of the Income Tax Act and exemption under Section 10(23C) for the assessment year 2007-08.

Summary:
The petitioner, a registered trust running an Engineering College, applied for registration under Section 12A of the Income Tax Act. The application was initially rejected due to technical grounds and failure to rectify defects. A review request was made, stating all required documents were submitted with reasons for delay. Despite this, further documents were requested, and the application remained pending. The petitioner faced a tax liability for the assessment year 2007-08 due to the rejection of exemption under Section 10(23C).

The respondents contended that the application was defective, and the petitioner indicated they were not pursuing registration under Section 12A as they were focused on exemption under Section 10(23C). The application was considered withdrawn and not pursued further.

The court noted that the petitioner's claim of the pending application for registration under Section 12A was not accurate. However, it was informed that registration under Section 12A had been granted for subsequent years. The court allowed the petitioner to reapply for registration for previous periods and challenge the dismissal of exemption under Section 10(23C) through appropriate proceedings.

Ultimately, the court disposed of the writ petition, directing the petitioner to approach the authority for registration under Section 12A for periods before 2010-11 and challenge the exemption dismissal under Section 10(23C). The authority was instructed to consider any new applications promptly and make decisions in accordance with the law.

 

 

 

 

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