It has been held by the Tribunal that the judgment of the CIT(E) is reversed on merits and registration would stand granted to the assessee by prescription of law made in Section 12AA(2) of the Act. The Tribunal in this behalf relied on the judgment of Lucknow Bench of the Tribunal in Harshit Foundation Vs. CIT (ITA No. 104 & 105/Luck/2012 decided on 28.06.2013) in whichcaseit was held that where the Commissioner does not pass any order even after six months from receipt of Tribunal’s order remitting the matter to him, the registration will be deemed to have been granted. This is subject to exercise of Commissioner’s power under Section 12AA(3) of the Act in appropriate cases.
Sec. 12AA & 260A of Income Tax Act, 1961—Appeal— Once the limitation prescribed under Section 12AA expired and the consequential default on the part of the CIT(E) in deciding the application would result deemed grant of registration is a settled proposition- Where the Commissioner does not pass any order even after six months from receipt of Tribunal’s order remitting the matter to him, the registration will be deemed to have been granted- - CIT V/s GETTWELL HEALTH & EDUCATIONAL SAMITI - [2019] 419 ITR 353 (RAJ)
It has been held by the Tribunal that the judgment of the CIT(E) is reversed on merits and registration would stand granted to the assessee by prescription of law made in Section 12AA(2) of the Act. The Tribunal in this behalf relied on the judgment of Lucknow Bench of the Tribunal in Harshit Foundation Vs. CIT (ITA No. 104 & 105/Luck/2012 decided on 28.06.2013) in whichcaseit was held that where the Commissioner does not pass any order even after six months from receipt of Tribunal’s order remitting the matter to him, the registration will be deemed to have been granted. This is subject to exercise of Commissioner’s power under Section 12AA(3) of the Act in appropriate cases.
Sec. 12AA & 260A of Income Tax Act, 1961—Appeal— Once the limitation prescribed under Section 12AA expired and the consequential default on the part of the CIT(E) in deciding the application would result deemed grant of registration is a settled proposition- Where the Commissioner does not pass any order even after six months from receipt of Tribunal’s order remitting the matter to him, the registration will be deemed to have been granted- - CIT V/s GETTWELL HEALTH & EDUCATIONAL SAMITI - [2019] 419 ITR 353 (RAJ)