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TMI Blog2017 (2) TMI 1400X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee for exemption under Sections 11 and 12 The registration U/s 12A of the Act for entitlement to claim the benefits U/Ss 11 & 12 of the Act requires two conditions to be fulfilled, firstly that the person concerned should have made an application for registration in the prescribed form and in the prescribed manner to the authorities named in that section before the first day of July, 1973, or before the expiry of the period of one year from the date of the creation of the trust or establishment of the institution and secondly, the person concerned would deep the accounts in a particular manner and such accounts should be audited. Thus the assessee has fulfilled both the conditions and the delay in making the application for regi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s framed following substantial question of law:- (i) Whether in the facts and circumstances of the case, the ITAT has not acted illegally and perversely in directing the CIT to grant registration to the respondent u/s 12A for the claimed period? 4. Now, the issue is squarely covered by the decision of Madras High Court in Director of Income Tax (Exemptions) vs. Spic Educational Foundation reported in (2002) 257 ITR 46 (Mad.) wherein it has been held as under:- The question referred to us is as to whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that nonfiling of the audit report in Form No. 10B of the Income Tax Rules, 1962, would not defeat the claim of the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he applicant society is to ensure the supply of proper seeds to the general farmers to protect their interest. For this purpose the applicant on charging of the prescribed fee use to issue certificate to the persons selling, keeping for sale, offering to sale, bartering or otherwise supplying any seed of any notified kind or variety. On receipt of such application for the grant of a certificate, the certification agency may, after such inquiry as it thinks fit and after satisfying itself that the seed to which the application relates confirms to the minimum limits of germination and purity specified for that seed under clause (a) of S.6. grant a certificate in such form and on such conditions as may be prescribed provided that such standard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t page No.5 of the written synopsis. Similar notification has also been published in the gazette in the case of Andhra Pradesh State Seed Certification Agency, Hyderabad for the A. Yrs. 1995-96 to 1997-98, a copy whereof has been placed at page No.6 of the written synopsis. The registration U/s 12A of the Act for entitlement to claim the benefits U/Ss 11 12 of the Act requires two conditions to be fulfilled, firstly that the person concerned should have made an application for registration in the prescribed form and in the prescribed manner to the authorities named in that section before the first day of July, 1973, or before the expiry of the period of one year from the date of the creation of the trust or establishment of the institutio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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