9911796707
TMI Blog2013 (9) TMI 1291X X X X Extracts X X X X X X X X Extracts X X X X ..... OUNTNT MEMBER: These appeals by the assessee are directed against the orders of ld. CIT dated 23.01.2012 dismissing application of the assessee for registration under section 12AA of the Income Tax Act, 1961 ( the Act hereinafter) and approval under section 80G of the Act respectively. 2. In these cases the assessee trust has applied for registration under section 12AA and Section 80G of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed within a period of six months from the date of order of the ITAT. As no such order has been passed and served on the applicant, it had become entitled to registration under section 12AA and approval under section 80G(5) of the Act. In this regard, ld. Counsel for the assessee referred to case laws from Hon ble jurisdictional High Court in support of his submissions. 5. The ld. Departmental ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... passed beyond the stipulated period of six months. Under the circumstances, we find that the plea of the ld. Counsel for the assessee is cogent that the assessee has become entitled for registration under section 12AA and also approval under section 80G of the Act. In this regard, we draw support from the Hon ble jurisdictional High Court decision in the case of Society for the Promotion of Educat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... better interpretation would be to hold that the effect of non-consideration of the application for registration under s. 12A within the time fixed by s. 12AA(2) would be a deemed grant of registration. 8. Respectfully following the precedent as above and also the legal provisions discussed above, we are of the opinion that the order of ld. CIT in this case is liable to be set aside and the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X
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