Case Law Details
M/s. Kanchipuram Vaniga Vaisya-Dharma Paripalana Sangam Vs CIT (E) (ITAT Chennai)
Admittedly, this application seeking registration u/s.12AA of the Act, was filed on 10.07.2014. The Sub-section 2 of Sec. 12AA stipulates that an order granting or refusing the registration under Clause-B of Sub-Sec.2 shall be passed before the expiry of the six months from the end of the month, in which, application was received by the Commissioner. In the instant case, admittedly, the application was received on 10.07.2014 and the limitation for passing an order under Clause-B of the Sub-Sec.1 of Sec.12AA expired on 31.01.2015, whereas the impugned order was passed on 17.06.2015. Then the issue comes up for consideration is whether non-disposal of application for registration u/s.12AA within the prescribed period would be considered as a deemed grant of registration. This issue had come up before the Hon’ble Supreme Court in the case of CIT Vs. Society for the Promotion of Education Adventure Sports & Conservation of Environment, wherein, the Hon’ble Supreme Court held that non-disposal of application for registration u/s.12AA amounts to be deemed grant of the registration.
Respectfully following the decision of the Hon’ble Supreme Court in the case of CIT Vs. Society for the Promotion of Education Adventure Sports & Conservation of Environment (supra), we hold that non-disposal of application within a period of six months amounts to deemed grant of registration on the expiry period of six months from the end of the month, in which, application for grant seeking registration was received by the Ld. CIT (Exemptions), Chennai. Therefore, we direct the Ld.CIT(Exemptions) to grant the registration u/s. 12AA from the date of expiry of period of said six months.
FULL TEXT OF THE ITAT JUDGEMENT
This is an appeal filed by the assessee Society directed against the Order of the Learned Commissioner of Income Tax (Exemptions), Chennai, dated 17.06.2015, denying grant of registration under the provisions of Sec.12AA of Income Tax Act, 1961.
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