1995 (3) TMI 31

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..... , 1961, the Revenue has prayed that the following questions of law arising out of the order of the Tribunal dated September 27, 1991, may be directed to be referred to this court : " 1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that once the delay in the matter of filing application under section 12A was condoned by the Commissioner of Income .....

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..... 88. In accordance with the provisions of section 12A, the application for registration of the trust/institution was to be submitted in the prescribed form before the expiry of a period of one year from the date of the creation of the trust or institution. Under the proviso, the Commissioner has the discretion to admit an application for registration after the expiry of the said period. The registr .....

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..... the establishment of the institution, whichever is later. If the Commissioner decides to exercise his discretion for granting registration, he cannot put a rider on, the effect of his order that it would be effective from a particular date. If the delay is condoned it would amount to the discretion vested in the Commissioner having been exercised to grant the registration from the very beginning. .....

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