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learned counsel for the Assessee vehemently contended that the Tribunal has directed the Commissioner to afford opportunity to the Assessee and it has also given full liberty to the Commissioner to consider the question of registration afresh. An order for reconsidering the issue already decided cannot be mechanically passed, unless and until, the superior authority or the Court is convinced that the exercise of discretion either improper or illegal. As pointed out earlier, personal opinion has no room in such matters. Thus, the Tribunal ought not to have remanded the matter for fresh consideration and the order of remand deserves to be set aside.

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Section 12AA of the Income Tax Act, 1961 — Trust — Registration of trust — Reason assigned by assessee that founder trustee was an elderly person suffering from several ailments and he was under impression that trust had already been registered under Act could not be regarded as sufficient reason to explain delay of more than 18 days, thus, registration could be granted to assessee trust only with prospective effect — Commissioner of Income tax vs. Hemla Trust [2018] 258 Taxman 406 (Madras)       .

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