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Commnr. Of Income Tax, Nagpur vs Baba Saheb Kedar G.&P. Coop.Society Ltd on 3 December, 2009

5. We have heard the submissions made by the representatives of rival sides and have perused the orders of the authorities below. We have also considered the documents and case laws on which the ld. Counsel for the assessee has placed reliance. It is an undisputed fact that the assessee made first application for grant of registration u/s. 12AA on 01-06-2007 and the said application remained un-adjudicated till date. As per the provisions of section 12AA(2) of the Act, the order granting or refusing registration should be passed before the expiry of 6 months from the end of the month in which the application was received. It is a well settled law that if the application for grant of registration u/s. 12A is not disposed of within the stipulated time, it shall be deemed that the registration is granted to the assessee. Recently, the Hon'ble Apex Court in the case of Commissioner of 6 ITA No. 250/PUN/2014 Income Tax and Others Vs. Society for the Promotion of Education (supra) has reiterated this position.
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