TaxTMI 
TaxTMI 
2008 (3) TMI 497
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....ing the delay in filing the application moved by the assessee-samiti under section 12A of the Income-tax Act, 1961 ? 2. Whether on the facts and in the circumstances of the case as well as in law the learned Tribunal was justified in directing to grant the registration under section 12A of the Act of 1961 to the assessee ? 3. Whether on the facts and in the circumstances of the case as well as in law the activities of the samiti are charitable as defined in section 2(15) read with sections 11 and 12 of the Act of 1961 ?" 2. From a look at the order it transpires that earlier the respondent-samiti was enjoying exemption by virtue of it being the local authority but that has been taken away, and therefore, the respondent seeks regist....
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.... writing, satisfied that the person in receipt of the income was prevented from making the application before the expiry of the period aforesaid for sufficient reasons ; (ii) from the 1st day of the financial year in which the application is made, if the Commissioner is not so satisfied : Provided further that the provisions of this clause shall not apply in relation to any application made on or after the 1st day of June, 2007 ; (aa) the person in receipt of the income has made an application for registration of the trust or institution on or after the 1st day of June, 2007, in the prescribed form and manner to the Commissioner and such trust or institution is registered under....
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....fter satisfying himself about the objects of the trust or institution and the genuineness of its activities, he (i) shall pass an order in writing registering the trust or institution ; (ii) shall, if he is not so satisfied, pass an order in writing refusing to register the trust or institution, and a copy of such order shall be sent to the applicant : Provided that no order under sub-clause (ii) shall be passed unless the applicant has been given a reasonable opportunity of being heard. (1A) All applications, pending before the Chief Commissioner on which no order has been passed under clause (b) of sub-section (1) before the 1st day of June, 1999, shall stand ....
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....of general public utility. 5. May be that the income received by the samiti by way of cess or mandi fees is not shown to be spent wholly for the purpose of relief of the poor, education, or medical relief, but under the scheme of the Act, being the Rajasthan Agricultural Produce Markets Act, 1961, the entire amount received by the samiti is required to be spent for the purposes mentioned therein, which obviously include advancement of "any other object of general public utility". In that view of the matter, the samiti is entitled to be registered under section 12A. In our above view, we are fortified by the judgment of the Punjab and Haryana High Court in CIT v. Market Committee [2007] 294 ITR 563/[2008] 166 Taxman 392 (Punj. & Har.) and....