TaxTMI 
TaxTMI 
2012 (11) TMI 337
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....006 declaring NIL income. The assessee trust has been formed by the State Government for the social welfare of Archakas and other employees of the temple in compliance with the directions of the Supreme Court. The corpus of the trust comprises of the contributions received from various Devasthanams. The assessee had applied for registration u/s 12AA of the IT Act, 1961 before the Director of Income-tax(Exemptions), Hyderabad. 3. The Director of Income-tax (Exemptions), held that by his order dated 04/12/2006 that the application filed is out of time, there being a delay of 6 years 11 months 6 days. The DIT(E) further held that the delay in filing the application has not been explained properly and, hence, the delay was not condoned by him.....
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....t was affirmed as under:- "The trust was made an application to the Chief Commissioner of Income-tax on 11/06/2003 for requesting for the exemption to the trust. The same readdressed by the Chief Commissioner of Incometax for the reason that the power of granting 100% exemption from income tax is not with him. The Endowments Commissioner has made frequent requests to the Chairman, CBDT having letter Nos. N1/39041/2003 on 12/08/2003, Nos. N!/39041/2003 on 07/11/2003 and Nos. N1/39041/2003 on 22/03/2005 on the contention that the power of granting 100% exemption to the trust from the purview of the income tax lies with the Central Govt. represented by Chairman, CBDT, North Block, New Delhi. Due to the above reasons, the appli....
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....ves the ends of justice that being the life-purpose of the existence of the institution of courts. It is common knowledge that the court has been making a justifiably liberal approach in matters instituted in this court. But the message does not appear to have percolated down to all the other courts in the hierarchy. And such a liberal approach is adopted on principle as it is realized that: 1. Ordinarily, a litigant does not stand to benefit by lodging an appeal late. 2. Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated. As against this, when delay is condoned, the highest that can happen is that a cause would be decided on merits after h....
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....roy the right of parties. They are meant to see that parties do not resort dilatory tactics, but seek their remedy promptly. The object of providing a legal remedy is to repair the damage caused by reason of legal injury. Law of limitation fixes a life span for such legal remedy for the redress of the legal injury so suffered. Time is precious and the wasted time would never revisit. During efflux of time newer causes would sprout up necessitating newer persons to seek legal remedy by approaching the courts. So a life span must be fixed for each remedy. Unending period for laundering the remedy may lead to unending uncertainty and consequential anarchy. Law of limitation is thus founded on public policy. It is enshrined in the maxim interes....
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....er was an appropriate authority in this regard. Further, the Endowment Commissioner has made frequent requests to the Chairman, CBDT on the belief that the power of granting 100% exemption to the trust from the purview of income tax lies with the Central Government represented by the Chairman CBDT. Due to these reasons, the trust could not file the application for registration of trust within the stipulated time before the DIT(E) and the registration has not been granted with effect from 1997-98 till today. The assessee based on his bonafide belief had been approaching the wrong authorities for granting exemption. We also find that the authorities who are in the knowledge of things have not advised the assessee regarding the person to whom ....