2010 (4) TMI 275

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..... 5. Moreover, there was a bona fide belief with the assessee-respondent that the benefit of registration would enure to it as well. The charitable nature of the assessee-respondent is undisputed as registration has in any case granted w.e.f. 1.4.2005 - 702 of 2009 (O&M) - - - Dated:- 29-4-2010 - CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Ms. Urvashi Dhugga, Advocate, for the revenue-appellant. M.M. KUMAR, J. The instant appeal filed under Section 260-A of the Income-tax Act, 1961 (for brevity, 'the Act'), challenges order dated 31.3.2009, passed by the Income Tax Appellate Tribunal, Chandigarh Bench 'A', Chandigarh (for brevity, 'the Tribunal'), in I.T.A. No. 1009/CHANDI/2008, in .....

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..... aring again rejected the request of the assessee-respondent for condonation of delay and grant of registration under Section 12A with effect from 1.4.2002 (A-3). 4. Again the assessee-respondent filed an appeal before the Tribunal. The Tribunal vide order dated 22.5.2008 remitted the matter back to the file of the Commissioner of Income Tax for reconsideration of the case in the light of the decision of the Chandigarh and Delhi Benches of the Tribunal and also the decision of the jurisdictional High Court in this regard. Again the request of the assessee-respondent for condonation of delay and grant of registration under Section 12A of the Act with effect from 1.4.2002 was rejected (A-5). Once again the assessee-respondent approached the .....

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..... und that the assessee-respondent was under a reasonable belief that the Punjab State Agricultural Marketing Board had been granted registration after condonation of delay vide order dated 24.10.2008, which benefit would automatically enure to the assessee-Market Committee. The Tribunal found the explanation plausible and the Chandigarh Bench of the Tribunal vide order dated 14.3.2005 held the Punjab State Agricultural Marketing Board entitled to registration under Section 12AA of the Act holding that their activities are charitable in nature. Even the assessee-respondent was granted registration under Section 12AA with effect from 1.4.2005 and charitable nature of the assessee has not been disputed. 7. Having heard learned counsel we are .....

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