TaxTMI 
TaxTMI 
TaxTMI 
2015 (10) TMI 473
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....he order derecognizing approval granted u/s. 80G(5) of the Act. 2. There is a delay of about 730 days in filing these appeals by the assessee. The assessee has filed an application for condonation of delay in which Secretary of the assessee has stated that the impugned orders passed by the CIT, Hubli were served on the assessee on 27.9.2011 and that the appeals before the Tribunal ought to have been filed on or before 20.11.2011, but were however filed only on 25.11.2013. Therefore a delay of 730 days occurred in filing the appeals before the Tribunal. It has further been stated in the petition for condonation of delay that after the receipt of the impugned orders, the assessee met tax consultant at Bangalore, who advised the assessee to f....
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.... number of days of delay should have any bearing in the matter of condonation of delay, when the reasons given for the delay are found to be genuine. He placed reliance on the following decisions in support of his submissions:- 1. Angela J. Kazi v/s. Income-tax Officer [2006] 10 SOT 1 39(Mum) 2. Pay and Accounts Officer v/s. Income-tax Officer, TDS-III [2010 190 TAXMAN 396 (MAD.) 3. Raghubar Automobile & General Finance (P) Ltd. v/s. CIT [2013] 35 taxmann.com 520 (Allahabad) / [2013] 218 Taxman 39 (Allahabad) (MAG.) 4. Sreenivas Charitable Trust v/s. DCIT [2006] 154 TAXMAN 377 (MAD.) 4. The ld. DR, however, opposed the prayer for condonation of delay and submitted that assessee has been negligent and the delay should not be condoned. ....
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....g legal advice from its legal advisors and getting approval from Department of Science and PMO. In the aforesaid decision, the Hon'ble Court found that the very liability of the assessee was non-existent and therefore condoned the delay in filing appeal. 14. Keeping in mind the aforesaid principles, we shall consider the claim of the assessee in the present case. Admittedly the advice was given by the counsel who appeared on behalf of the Assessee before the Hon'ble High Court. The decision of the Hon'ble High Court was rendered on 28.2.2012. The appeal has been filed by the Assessee before the Tribunal on 26.3.2012. Hence, we find that there has been no willful neglect on the part of the Assessee. In such matters the advice of the profess....
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....ssment year or years, not exceeding five assessment years, as may be specified in the approval. This proviso was omitted by the Finance Act, 2009 and therefore the approval once granted shall continue to be valid in perpetuity. 9. It can be seen from the aforesaid Circular and the statutory amendment that there was no necessity for the assessee to make any application for continuation of recognition granted u/s. 80G of the Act. The assessee, however, in total ignorance of the aforesaid statutory amendment, filed an application in Form 10G on 17.11.2011 requesting for continuance of recognition granted u/s. 80G. Consequent to this application, the CIT, Hubli called for a report from the AO of the assessee. In the report submitted by the AO ....
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....e Income-tax Act 1961. Under the circumstances, the Trust cannot be said to have satisfied the conditions required to be eligible for continuation of registration u/s 12AA. Therefore, the registration granted u/s 12AA is withdrawn w.e.f 01.04.2009 vide this office order dated 19.09.2011. In view of this the grant of recognition u/s 80G of the IT Act 1961 is also de recognized herewith." 10. The CIT also accordingly cancelled the registration granted u/s. 12AA for the very same reasons as were given for not extending the registration u/s. 80G(5) of the Act. 11. Aggrieved by the aforesaid orders of the CIT, the assessee has preferred the present appeals before the Tribunal. 12. We have heard the rival submissions. We have already seen that....