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of <h1>ITAT Condones 840-Day Delay in Appeal, Citing Genuine Reasons; Remands Case for Fresh Review of Section 12AA Application.</h1> <h3>Shree Asandas B Murjani Education Trust Versus. Commissioner of Income Tax – (Exemption), AHMEDABAD</h3> Shree Asandas B Murjani Education Trust Versus. Commissioner of Income Tax – (Exemption), AHMEDABAD - TMI Issues:1. Delay in filing the appeal by the Assessee.2. Rejection of registration application under Section 12AA of the Income Tax Act, 1961.3. Grounds of appeal by the Assessee.4. Condonation of delay in filing the appeal.5. Merits of the case and restoration of the matter to the file of CIT(Exemptions).Analysis:1. Delay in filing the appeal: The appeal filed by the Assessee was time-barred by 840 days. The Assessee explained that the delay was due to the belief that the registration granted under Section 12AA of the Act on the second application would apply for the impugned Assessment Year 2019-20 as well. The delay was also attributed to the Assessee not being advised by consultants to appeal against the initial rejection order. The Tribunal, considering the bona fide reasons and the genuine charitable activities of the Assessee, condoned the delay in filing the appeal.2. Rejection of registration application: The Assessee had applied for registration under Section 12AA of the Act, which was initially rejected by the CIT(Exemptions) without considering the details filed by the Assessee trust. However, on a subsequent application, the registration was granted on the same set of facts. The Tribunal observed that the Assessee had a genuine case on merits as evidenced by the subsequent approval of registration. Therefore, the matter was restored to the file of CIT(Exemptions) for fresh consideration in accordance with the law.3. Grounds of appeal: The Assessee raised various grounds of appeal related to the rejection of the registration application under Section 12AA of the Act. The Assessee contended that the rejection was in violation of natural justice and erred in law and on facts. The Tribunal considered these grounds and found merit in the Assessee's arguments, leading to the allowance of the appeal for statistical purposes.4. Condonation of delay: The Tribunal, after considering the explanations provided by the Assessee regarding the delay in filing the appeal, concluded that the delay was due to bona fide reasons and mistakes. The Tribunal, in the interest of justice, decided to condone the delay and proceed with the appeal on its merits.5. Merits of the case and restoration: The Tribunal, after reviewing the facts and circumstances of the case, found that the Assessee had a genuine case on merits, especially considering the subsequent approval of registration under Section 12AA of the Act. Therefore, the matter was remanded to the file of CIT(Exemptions) for a fresh consideration of the application, ensuring compliance with the legal provisions.In conclusion, the Tribunal allowed the appeal of the Assessee for statistical purposes, condoning the delay in filing the appeal and directing a reevaluation of the registration application under Section 12AA of the Income Tax Act, 1961.
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