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2014 (8) TMI 643 - HC - Income TaxRegistration u/s 12AA(2) w.e.f. AY 2001-02 Failure to justify the delay in filing appeal - Held that - The Tribunal had rightly recorded that the assessee was registered vide certificate of registration dated 29.1.2004 issued by the Registrar of Firms and Societies (Punjab), Chandigarh - The assessee had not given any justified cause for not applying for registration before 31.5.2007 whereas the trust was constituted vide deed dated 4.2.2000 the assessee as the assessee has failed to justify the delay in filing the application under Section 12A of the Act belated on 31.05.2007 as against the constitution of the trust vide deed dated 04.02.2000 thus, no substantial question of law arise for consideration Decided against Assessee.
Issues:
Delay in refiling the appeal, Registration under Section 12AA of the Income Tax Act, 1961, Condonation of delay, Justification for registration from assessment year 2001-02, Tribunal's decision on registration, Grounds for condonation of delay, Merit of the appeal, Substantial questions of law. Delay in Refiling the Appeal: The judgment condoned an 8-day delay in refiling the appeal. Registration under Section 12AA: The appellant filed an appeal under Section 260A of the Income Tax Act against the order of the Income Tax Appellate Tribunal. The appeal raised substantial questions of law regarding the registration under Section 12AA. The trust deed was dated 4.2.2000, and the trust applied for registration under Section 12AA on 31.5.2007. The Commissioner of Income Tax initially rejected the application, but the Tribunal directed reconsideration. Ultimately, the registration was allowed from the assessment year 2004-05 onwards. The appellant argued for registration from the assessment year 2001-02. Condonation of Delay: The appellant contended that the delay in registration should have been condoned under the provisions of Section 12AA(2) read with Section 119(2)(b) of the Act. The Tribunal found no grounds for condonation of the delay as the trust had not applied for registration before 31.5.2007 despite being constituted in 2000. Justification for Registration from Assessment Year 2001-02: The appellant argued that registration should have been granted from the assessment year 2001-02 instead of 2004-05. However, the Tribunal based its decision on the trust being registered in 2004 and not applying for registration until 2007, failing to justify the delay. Tribunal's Decision on Registration: The Tribunal dismissed the appeal, stating that the trust had not provided sufficient cause for the delay in applying for registration. The Tribunal observed that the trust came into existence in 2000 but applied for registration only in 2007, leading to the rejection of the appeal. Grounds for Condonation of Delay: The Tribunal highlighted that the trust failed to justify the delay in filing the application for registration under Section 12A of the Act belatedly in 2007, despite the trust being constituted in 2000. The Tribunal found no merit in the plea of the appellant. Merit of the Appeal: After hearing the appellant's counsel, the judgment found no merit in the appeal. The Tribunal's decision was upheld as the appellant could not demonstrate any error or perversity in the Tribunal's findings. Substantial Questions of Law: The judgment concluded that no substantial question of law arose in the appeal. The reliance on judgments by the appellant's counsel did not advance the case, and the appeal was dismissed for lack of merit.
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