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G. S. KULKARNI, FIRDOSH P. POONIWALLA
Commissioner of Income Tax-IV, Pune – Appellant
Versus
Kasliwal Medical Care & Research Foundation, Solapur – Respondent
JUDGMENT :
(G.S. Kulkarni, J.)
1. This appeal under Section 260 of the Income-Tax Act, 1961 (for short “I.T. Act”) filed by the revenue is directed against an order dated 28 March, 2008 passed by the Income-tax Appellate Tribunal, Pune Bench (for short “Tribunal”) whereby the respondent/assessee’s appeal arising from an order dated 15 September, 2006 passed by the Commissioner of Income-tax-IV, Pune (for short (“CIT)) under Section 12AA read with Section 12A of the I.T. Act has been allowed. By the impugned order, the Tribunal has held that as the CIT did not pass an order granting or refusing registration of the assessee under Section 12A(1) within a period of six months as prescribed under Section 12AA(2) of the I.T. Act, the assessee is deemed to have been granted a registration. The Tribunal accordingly held that the order of CIT refusing registration was a nullity requiring it to be quashed and set aside. The assessment year in question is A.Y. 2005-06.
2. By an order dated 6 June, 2011, the present appeal came to be admitted on the following question of law:
The Income-Tax Act does not provide for deemed registration of trusts if the application is not decided within six months, as confirmed by the Supreme Court.
Deemed registration under the Income Tax Act is valid if no response is received within six months; existing registration remains effective despite subsequent unnecessary applications.
Technical mistake in selecting wrong code for provisional registration u/s 12AB/80G cannot justify rejection of final application or cancellation; remand for rectification and merits-based decision.
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