2012 (4) TMI 777 - AT - Income Tax

Summary

Issues involved: Petition for grant of registration u/s 12AA of the Income-tax Act, 1961 retrospectively.

Summary:
The Appellate Tribunal ITAT CHENNAI considered a miscellaneous petition filed by the Commissioner of Income-tax-I at Madurai regarding the order of the Tribunal dated 18-8-2011 in ITA No.1949(Mds)/2009. The Tribunal had directed the Commissioner to grant registration to the assessee retrospectively under section 12AA of the Income-tax Act, 1961. The Commissioner expressed difficulty in granting registration from the inception of the trust due to the six-year time limit for reopening cases. The Tribunal clarified that the time limit for reopening cases does not apply in this scenario as the registration is to be granted as a result of the Tribunal's order, and no specific time limit is prescribed under the Act for such cases. Therefore, the Commissioner of Income-tax was deemed to be within the law to grant retrospective registration as directed by the Tribunal. Consequently, the petition filed by the Commissioner of Income-tax was dismissed. The order was pronounced in open court on April 20, 2012, in Chennai.