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TMI Blog1992 (7) TMI 117X X X X Extracts X X X X X X X X Extracts X X X X ..... tered under s. 25 of the Companies Act. The object of the company is to promote religion and secular education and industrious habits among the Ezhava community. The assessee has been registered with the CIT under s. 12A of the IT Act. 2. The assessee has furnished Form No. 10 along with the return of income on 9th Jan., 1978 declaring the intention to accumulate Rs. 23,193 for certain purposes. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the rejection of the application in Form No. 6 dt. 22nd Dec., 1977 was not communicated to the assessee. If the rejection was not communicated, it could be presumed that the application for extension of time was allowed. In this case, there is no such communication. Hence, the assessee can presume that his application for extension of time was granted. Hence, the Revenue is aggrieved. 4. The o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee relied on the findings of the CIT(A) on this point. 6. As per para 3 of the Circular with a view to expediting the disposal of application filed by trusts for condoning the delay, the Board has passed a general order under s. 119(2)(b) by which the CITs have been authorised to admit belated applications under s. 11(2) read with r. 17 of the IT Rules, 1962. Hence, we hold that the CIT(A) is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g with the return is only directory and not mandatory. Though the claim therein was different which is under s. 80HH, we are of the opinion that the principle laid down therein can be pressed into service in this case also. 8. In view of what has been stated above and also the powers of the CIT(A) are co-terminus with the ITO, we see no reason to interfere with the order of the CIT(A). We accord ..... X X X X Extracts X X X X X X X X Extracts X X X X
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