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Case Law Details

Case Name : Harshit Foundation Sehmalpur Jalalpur Jaunpur Vs CIT Faizabad (Supreme Court)
Appeal Number : Petition(s) for Special Leave to Appeal (C) No(s). 26978/2017
Date of Judgement/Order : 22/04/2022
Related Assessment Year :

Harshit Foundation Sehmalpur Jalalpur Jaunpur Vs CIT Faizabad (Supreme Court)

The only question which is posed for consideration before the High Court was whether on non-deciding the application for registration under Section 12AA (2) of the Income Tax Act, 1961 (‘the Act’) within a period of six months, there shall be deemed registration or not.

The aforesaid aspect has been dealt with and considered in detail by the Full Bench of the Allahabad High Court in its decision in the case of Commissioner of Income Tax vs. Muzafar  Nagar Development Authority [ITA 348 of 2008].

After considering in detail the provisions of Section 12AA (2) of the Act and having found that there is no specific provision in the Act by which it provides that on non-deciding the registration application under Section 12AA (2) within a period of six months there shall be deemed registration, the Full Bench of the High Court has rightly held that even if in a case where the registration application under Section 12AA is not decided within six months, there shall not be any deemed registration.

We are in complete agreement with the view taken by the Full Bench of the High Court.

The Special Leave Petition stands dismissed.

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