2016 (7) TMI 709

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....ja ORDER By this appeal, a challenge is made to the order of Income Tax Appellate Tribunal, Jaipur Bench, Jaipur (in short "the Tribunal") dated 29.02.2008. Learned counsel for the appellant-revenue submits that as per Section 12AA(a)(ii) of the Income Tax Act, the registration of the Trust can be taken from the date of the application, if it is complete in all respect. If an application for re....

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.... has been given. Learned counsel appearing for the assessee-respondent has contested the case and submits that application for registration was submitted complete in all respect. The defect was yet pointed out showing absence of audited account which was not a condition precedent for submission of application for registration under Section 12AA of the Act. Learned Tribunal found that the defect ....

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....e assessee for registration under Section 12AA(a)(ii) of the Act. The issue for our consideration is as to what should be the effective date for acceptance of the application for registration. According to learned counsel for the appellant-revenue, effective date of application for registration would be when the defects were cured. As against the aforesaid, assessee submitted that the application....

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.... requirement to submit audited accounts along with the application. The requirement is held to be directory in nature and not mandatory. If filing of the the audited accounts is not mandatory, the application submitted by the non-appellant cannot be said to be defective. The registration should have been allowed from the date the application was submitted and not from the date when alleged defects....