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TMI Blog2015 (4) TMI 512X X X X Extracts X X X X X X X X Extracts X X X X ..... dit reports as well as the other documents filed in support thereof - Held that:- Case of the assessee is peculiar. It was not the assessee's fault inasmuch as it got into a legal tangle. Upto assessment year 2002-03, it was enjoying a benefit under section 10(20) of the IT Act by a local authority. Later on it decided to avail of the benefit of section 11 and applied for registration. The chequered history of the case pertaining to registration has been noted by us. It is that which enabled the Tribunal to conclude that the rigors of the section have been somewhat diluted by the Revenue's understanding and the issuance of a circular. Thus, the circular contemplates condonation of delay in filing the above documents and which would enable t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "), upto assessment year 2002-03. Thereafter, it decided to take the benefit of change in law and applied for grant of registration under section 12A of the IT Act, before the competent authority. That would enable it to claim exemption under section 11 of the IT Act. Though the application was filed on 26th March, 2007, the registration was claimed with effect from 1st April, 2003. That application was allowed by the Commissioner of Income Tax but the registration was granted prospectively, namely, from 1st April, 2006. The assessee was not satisfied with this partial relief and approached the Tribunal. The Tribunal directed the Commissioner of Income Tax to condone the delay in filing the application and consider grant of registratio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me Tax Appellate Tribunal to take into account the registration granted under section 12AA of the IT Act with effect from 1st April, 2003, and the audit reports as well as the other documents filed in support thereof. 3. Mr. Suresh Kumar submits that this view of the Tribunal is not in consonance with the law laid down by the Hon'ble Supreme Court in the case of Commissioner of Income Tax vs. Nagpur Hotel Owners Association, 247 ITR 201. Further, there is no compliance made with the Revenue circular as well. Mr. Suresh Kumar read out that portion of the Tribunal's order and the circular to submit that this appeal be admitted as it raises substantial questions of law which are common for both assessment years. 4. We are unable to a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fit. Filing of Form No.10 is not dispensed with. The Commissioner is only vested with powers to accept it after the specified period. This circular No.273 dated 3rd June, 1980 which has been relied upon to hold that the assessee's claim for benefit of exemption under section 11 of the Act deserved acceptance. It is in these circumstances and when the objects of the trust were found to be genuine that the Assessing Officer was directed to carry out a de novo assessment in terms of the Tribunal's observations. We do not find such conclusion to be perverse or vitiated by any error of law apparent on the face of the record. No larger question or wider controversy needs to be decided. 5. The appeals are, therefore, devoid of merit. They ..... X X X X Extracts X X X X X X X X Extracts X X X X
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