2010 (4) TMI 1155 - AT - Income Tax

Summary

Issues Involved: Appeal against rejection of application for registration u/s. 12AA and initial exemption u/s. 80G of the I. T. Act.

Issue 1: Condonation of Delay

The appeal by the assessee was time-barred by 66 days, and an application for condonation of delay was filed. After considering the application, the delay was condoned, and the appeal was admitted for hearing.

Issue 2: Rejection of Application u/s. 12AA and 80G

The Ld. DIT(E) rejected the application of the assessee for registration u/s. 12AA and initial exemption u/s. 80G. The rejection was based on the fact that the trust had not commenced its activities as per the trust deed, which is a requirement for granting registration u/s. 12AA. The Ld. Counsel for the assessee contended that the rejection was unfair and requested the bench to treat the appeal against the order u/s. 12AA separately from the rejection of exemption u/s. 80G.

Issue 3: Tribunal Decision

During the hearing, the Ld. Counsel for the assessee cited various decisions of the Tribunal in favor of the assessee trust, emphasizing that the trust fulfilled the conditions for registration u/s. 12AA. The Ld. DR, on the other hand, relied on the order of the Ld. DIT(E). The Tribunal, after hearing both sides and considering the precedents, directed the Ld. DIT(E) to grant registration to the assessee trust u/s. 12AA of the Act and also grant exemption certificate u/s. 80G of the Act, thereby allowing the appeal filed by the assessee.

This judgment by the Appellate Tribunal ITAT Kolkata involved issues related to the rejection of an application for registration u/s. 12AA and initial exemption u/s. 80G of the I. T. Act. The Tribunal, after considering the delay in filing the appeal and the grounds for rejection of the application, directed the Ld. DIT(E) to grant registration to the assessee trust u/s. 12AA of the Act and also grant exemption certificate u/s. 80G of the Act, thereby allowing the appeal filed by the assessee.