9911796707
TMI Blog2013 (11) TMI 1725X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal is preferred by the assessee against the order of CIT, inter alia, on following grounds: 1. That the order dated 15/09/2011 passed u/s 12AA of the I. T. Act, by the learned Commissioner, Faizabad is contrary to law, facts and evidence on record. 2. That the learned Commissioner of Income-tax is not justified in holding that the appellant failed to produce any evidence in support of h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter referred to as the Act ). Despite the directions of the Tribunal vide its order dated 17/12/2008, the CIT has not passed any order on application for registration u/s 12AA within a period of six months. The CIT has passed an order on 15/09/2011 again denying the registration to the assessee. Since the CIT has passed an order after the period of six months from the date of the order of the Tri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fiscal statutes that would be evident from its decision in CIT vs. Anjum M.H. Ghaswala Ors. (2001) 171 CTR (SC) 1 : JT 2001 (9) SC 61. Considering the pros and cons of the two views, we are of the opinion that by far the better interpretation would be to hold that the effect of non-consideration of the application for registration within the time faced by section 12AA(2) would be a deemed grant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ass any orders even after six months from receipt of Tribunal's order remitting the matter to him, the registration will be deemed to have been granted. Of course, this is subject to exercise of Commissioner's power u/s.12AA(3) in appropriate cases, but the registration will be deemed to have been granted. Accordingly, the CIT is directed to grant the registration u/s 12AA of the Act. 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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