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TMI Blog2012 (6) TMI 376X X X X Extracts X X X X X X X X Extracts X X X X ..... the application for approval u/s 80G(5)(vi) of the Income-tax Act, 1961. 2. The order of the Ld. CIT Jalandhar us barred by time. 3. The CIT, Jalandhar, has erred in rejecting exemption u/s 80G to the donors. 4. The CIT's order is vitiated being against the principles of natural justice because many evidences and information collected and relied upon at assessee's back was not confronted to the appellant. 5. That the appellant craves to reserve the right to alter, amend or add any of the grounds of appeal before the appeal is heard and disposed off." 3. A bare perusal of the grounds of appeal reveal that all the grounds of appeal pertain to rejection of application for approval under sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... horities inasmuch as the assessee has not been provided any remedy under the Act against non-decision - Moreover, the former view further the object and purpose of the statutory provision - Thus, the better interpretation would be to hold that the effect of non-consideration of the application for registration under section 12A within the time fixed by s. 12AA(2) would be a deemed grant of registration." 4. The Ld. 'DR' on the other hand, relied on the order of the Ld. CIT. 5. We have carefully perused the facts of the case, rival submissions and material available on records, including the case law relied upon by the assessee. It is evident from the perusal of the order of the CIT dated 30th April, 2010 that the application was made on 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounsel for the assessee placed reliance on the decision of Hon'ble Allahabad High Court, in the case of Society For the Promotion of Education Adventure Sport &Conservation of Environment (supra), which was rendered in the context of registration under section 12A of the Act. A bare perusal of the true ratio relied upon by the assessee reveals that in the event of non-adherence to prescribed time limit under section 12AA(2) of the Act, the deemed registration deserves to be granted. The Hon'ble Allahabad High Court, placed interpretation that non-consideration of the registration application within the time fixed by section 12AA(2) of the Act, would result in deemed registration, as the contrary view would render the assessee vulnerable and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that no order under this sub-section shall be passed unless such trust or institution has been given a reasonable opportunity of being heard." There is a provision for cancelling of registration granted under section 12AA of the Act. 5.5 The assessee made the impugned application for renewal under section 80G(5)(vi) of the Act. However, the competent authority, the Ld. CIT, failed to take appropriate action in the matter within prescribed time limit under Rule 11AA(6) of the Income-tax Rules, 1962. There is no specific provision prescribing consequences for non-passing of such order. The assessee has done what was expected of it under the law. The department should have acted vigilantly to passee an appropriate order in the matter. Havin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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