2013 (12) TMI 659

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....ar, Advocate, learned AR represented on behalf of the assessee and Shri Asoke Kumar Dey, learned Sr. DR represented on behalf of the revenue. 3. It was submitted by the learned AR for the assessee that in respect of appeal in ITA No. 384/Kol/2011 against the refusal to grant of registration u/s. 12AA and initial exemption u/s. 80G of the I.T Act 1961, there was a delay of 322 days and condonation petition has been filed. It was submitted that the assessee was under the bonafide belief that only one appeal was required to be filed being the appeal in ITA No. 385/Kol/2011. It was submitted that only when the assessee recognised that separate appeals were required to be filed against the refusal to grant of registration u/s. 12AA and initia....

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....hat the assessee had been denied the registration u/s. 12AA of the Act on the ground that the cataract operations and other supporting activities were done through its sister concern, M/s. Debipur Netralaya Pvt. Ltd. He also drew our attention to the Memorandum of Understanding [page 42 of the PB] entered into between the assessee and M/s. Debipur Netralaya Pvt. Ltd (DNPL) to show that the assessee [M/s. SBSE ] would pay Rs. 500/- to M/s. Debipur Netralaya Pvt. Ltd. for every cataract operation with I.O.L implantation, as also Rs.175/- for each glass provided to the school children and post-operative cataract patients. He further drew our attention to the income and expenditure account for the year ended on 31-03-2008, wherein it was shown ....