2016 (5) TMI 191

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.... learned counsel appearing for the appellant and Sri. Y.V.Raviraj, learned counsel appearing for the respondent. 3. It is submitted by the learned counsel for the appellant that, the appellant had filed an application under Section 12A of the Income Tax Act, 1961, for registration of trust. The said application had been rejected vide order dated 24/6/2011 by the Commissioner of Income Tax. This order was challenged before the ITAT. The said appeal was presented with the delay of 997 days. The Tribunal on consideration of the material on record with regard to the delay in filing the appeal has recorded a finding which reads follows: "The learned AR though vehemently contended that it was under bonafide impression that Registration u/s 12A....

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....A careful perusal of the findings recorded by the Tribunal clearly points to the fact that the delay was sought to be explained on two grounds. Firstly, that the trust was under the bonafide impression that such a registration was not condition precedent for seeking relief under Section 11 of the Income Tax Act 1961 ('Act' for short). Secondly, that the appellant Trust was advised wrongly. In order to substantiate the said contention, no material was placed before the Tribunal. The Tribunal has given sufficient opportunity to the appellant to substantiate its claim that it was ill advised by the consultants. With regard to the requirement of registration, the trust has apparently not shown any reasonable cause nor answered the queries raise....