2017 (2) TMI 220 - HC - Income Tax

Deemed registration - Whether the non disposal of an application for registration, by granting or refusing registration, before the expiry of six months as provided under Section 12AA(2) would result in deemed grant of registration? - Held that - Non disposal of an application for registration, by granting or refusing registration, before the expiry of six months as provided under Section 12AA (2) of the Income Tax Act 1961 would not result in a deemed grant of registration. The judgment of the Division Bench of this Court in Society for the Promotion of Education Adventure Sport & Conservation of Environment (2008 (4) TMI 700 - ALLAHABAD HIGH COURT ) does not lay down the correct position of law. See Commissioner of Income Tax Vs. Muzaffar Nagar Development Authority 2015 (3) TMI 99 - ALLAHABAD HIGH COURT (LB)

Summary

Issues Involved:
1. Interpretation of Section 12AA(2) of the Income Tax Act, 1961 regarding deemed registration of an application.
2. Reliance on previous judgments by the Income Tax Appellate Tribunal (ITAT) and the High Court.
3. Determination of whether provisions of Section 12AA(2) are directory or mandatory.

Analysis:

Issue 1: Interpretation of Section 12AA(2) regarding deemed registration
The appeal arose from a judgment passed by the Income Tax Appellate Tribunal (ITAT) concerning the deemed grant of registration to an assessee authority if the application was neither accepted nor rejected by the Commissioner of Income Tax within six months. The Full Bench of the High Court answered this issue by stating that the non-disposal of an application within the stipulated six months does not result in a deemed grant of registration. The Full Bench's opinion clarified the correct legal position on this matter, overturning the previous judgment of the Division Bench.

Issue 2: Reliance on previous judgments
The ITAT had relied on a judgment of the jurisdictional High Court in a previous case, which was later found to be legally incorrect. The question of whether the ITAT was right in placing reliance on this judgment was raised. However, the Full Bench's decision in the present case clarified that the previous judgment had been overruled, and therefore, the ITAT's reliance on it was not justified.

Issue 3: Provisions of Section 12AA(2) - Directory or Mandatory
The appellant argued that the provisions of Section 12AA(2) of the Income Tax Act are directory and not mandatory. To support this argument, references were made to judgments of the Hon'ble Madras High Court in various cases. However, the Full Bench did not delve into this argument as the primary issue of deemed registration had already been conclusively settled.

In conclusion, the appeal was allowed, and the judgment of the Tribunal was set aside based on the Full Bench's clarification regarding the deemed registration issue. The Full Bench's decision in Commissioner of Income Tax Vs. Muzaffar Nagar Development Authority was pivotal in resolving the questions raised in the present case, thereby providing clarity on the interpretation of Section 12AA(2) of the Income Tax Act, 1961.