REGISTRATION U/S. 12AA OF I.T. ACT.

[Dipak Karia]

Dear All, one of our trust client applied for 12AA, CIT - Rajkot reject the application and made order that, there is no dissolution clause in trust deed. Finally we appealed before tribunal, Tribunal made order that, CIT has to give one more opportunity to be heard. We appeared again to CIT with all documents and evidence. But he deny to issue certificate. Now all matter passed to CIT (Exemption) Ahmedabad. So I want know there is any time limit apply in this case to issue in certificate, just like fresh application (6 months). If yes then please reply. and time limit apply from where. Our case is since from 2013. Tribunal pass order 22.11.2013.

thanks - Dipak Karia - Dhoraji - 09426960560

[wig sinbad]

section 12AA(2) provides that the order granting or refusing registration under clause (b) of subsection (1) of section 12AA shall be passed before the expiry of 6 months from the end of the month in which the application was received under clause (a) or clause(aa) of sub section (1) of section 12A.

the 6 month period will start afresh from the date when you have moved an application under the instructions of the ITAT.

AI Summary

Registration under section 12AA: six-month statutory timeline applies and restarts when a fresh application is filed per tribunal direction. The operative rule is that section 12AA(2) mandates that an order granting or refusing registration be passed within six months from the end of the month in which the application was received; if a tribunal directs reconsideration and a fresh application is filed in compliance, the six month period begins anew from that fresh filing date.