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RAJAN ROY, OM PRAKASH SHUKLA
Commissioner Of Income Tax Ayakar Bhawan Faizabad – Appellant
Versus
Raghuraji Devi Foundation Trust Akbarpur – Respondent
JUDGMENT :
1. Heard Sri Manish Misra, learned counsel for the appellant. However, no one appears for the opposite party.
2. This is an appeal under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act, 1961') by the Revenue.
3. Notices were issued to the respondent herein vide order dated 07.02.2014. By the same order, the appeal was admitted on the substantial questions of law as framed in the appeal which read as under:-
(2) Whether non disposal of application for registration by granting or refusing registration before the expiry of six months as provided u/s 12AA(2) of the Income Tax Act, 1961 would result in deemed grant of registration
(3) Whether in the facts and circumstances of the case and the Hon'ble Income Tax Appellate Tribunal was correct in granting deemed registration u/s 12AA without appreciating the facts that the power to grant or refuse registration is statutory power of the commissioner u
The main legal point established in the judgment is that the rejection of an application within the stipulated period of six months is valid, and subsequent decisions taken after an appeal are not af....
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.
Non-deciding the registration application under Section 12AA(2) of the Income Tax Act within six months does not lead to deemed registration.
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