2021 (2) TMI 648

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....PELLANTS (BY SRI.ARAVIND K.V., ADV.,) RESPONDENT (BY SRI. M.V. SESHACHALA, SENIOR ADVOCATE FOR SRI ARAVIND V. CHAVAN, ADVOCATE) JUDGMENT SATISH CHANDRA SHARMA J., The present appeal is arising out of the order passed by the Income Tax Appellate Tribunal, Bangalore dated 04.06.2018 in ITA No.8/Bang/2016. 2. The facts of the case reveals that the respondent- Institution Visveswaraya Technologic....

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.... before the Department as he has submitted an application on 25.05.1999 and by virtue of provisions of Section 12AA of the Act as the application filed was not decided within a period of six months, there is a deemed approval of application which was submitted by the assessee. 3. The matter went up to the Tribunal and the Tribunal has accepted the contentions of the assessee and has held that the....

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....sessee could not have filed the application without existence of the office and this aspect has not been looked into by the Tribunal. 5. Looking into the substantial question of law and after hearing of the learned counsel for the parties as the factum of submission of application has not been considered by the Tribunal, it is the assessee who has established that he has submitted an application ....