TaxTMI 
TaxTMI 
2021 (11) TMI 746
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.... submitted that due to lockdown, the assessee was prevented from filing the present appeal and the delay so happened was not deliberate. In support, the reliance was also placed on the decision of Hon'ble Supreme Court dated 27.04.2021 wherein the period of limitation in filing of appeal, irrespective of the limitation prescribed under the general law or special laws whether condonable or not shall stand extended with effect from 14th March, 2021 till further orders. It was accordingly submitted that the delay so happened in filing the present appeal was beyond the control of the assessee and the same may be condoned and appeal of the assessee be heard on merits. 3. Per contra, ld. Pr. CIT/DR did not raise any specific objection and fairly accepted that the explanation so furnished by the ld. AR regarding delay in filing the present appeal on account of COVID-19 pandemic may be considered by the Bench as it deems fit and appropriate. 4. After hearing both the parties and considering the material on record, we find that there was a reasonable cause for delay in filing the present appeal due to COVID-19 pandemic and lockdown imposed in the state of Rajasthan which was beyond th....
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....cts as set forth in this memorandum. No portion of the profits, other income or property aforesaid shall be paid or transferred, directly or indirectly, by way of dividend, bonus or otherwise by way of profit, to person who, at any time are, or have been members of the Company or to any one or more of them or to any person claiming through any one or more of them. No remuneration or other benefit in money or monies worth shall be given by the Company to any of its members, whether officers or members of the Company or not, except payment of out of pocket expenses, reasonable and proper interest on money lent, or reasonable and proper rent on premises let to the Company. No alteration shall be made to this Memorandum of Association or to the Articles of Association of the Company which are for the time being in force, unless the alteration has been previously submitted to and approved by the Registrar. If upon a winding up or dissolution of the company, there remains, after the satisfaction of all the debts and liabilities, any property whatsoever, the same shall not be distributed amongst the members of the company but shall be given or transferred to such other company reg....
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.... considered where it has been provided that nothing contained in section 11 and 12 shall operate where provisions of first proviso to section 2(15) become applicable in any previous year. This makes it clear that allegation of commercial/business nature cannot be a reason for rejection of application u/s. 12AA. It was submitted that activities of commercial/business nature whether actually carried out or not and allowability of benefit u/s. 11 and 12 can be examined by the Assessing Officer at the time of regular assessment for the relevant previous years. In view of the above, it was submitted that the order of CIT(E) denying approval u/s. 12AA deserves to be quashed and he may be directed to grant approval to the appellant company. 9. Per contra, the ld. Pr. CIT/DR in his submission taken us through the application filed by the appellant company in Form No. 10A wherein the object of the appellant company has been specified as education and advancement of other objects of General Public Utility. It was further submitted that the assessee has also submitted the description of its other objects as promoting co-operation and mutual help among the students. It was submitted that the ....
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.... either accepting or rejecting its application seeking registration u/s. 12AA of the Act. It was accordingly submitted that there is no infirmity in the findings of the ld. CIT(E) in rejecting application of the assessee company seeking registration u/s. 12AA of the Act. In support, the reliance was placed on the following decisions: * CIT(E), Jaipur vs. Dali Bai Sewa Sansthan [2018] 99 taxmann.com 290 (SC) * CIT(E), Chandigarh vs. Goenka Charitable Trust [2018] 89 taxmann.com 311 (Amritsar-Tribunal) * CIT-1, Kochi vs. Indian Nutritional Medical Association [2013] 35 taxmann.com 505 (Cochin-Tribunal) * CIT vs. Norka Roots [2018] 89 taxmann.com 181 (Kerala) * Income Tax Officer (Tech.), Kochi vs. State Forum of Bankers Club (Kerala) [2015] 56 taxmann.com 172 (Cochin-Tribunal) 11. We have heard the rival contentions and perused the material available on record. It is noted that the assessee company had filed an application on 16.10.2020 seeking registration u/s. 12AA of the Act. Thereafter, the assessee company was issued a letter dated 30.12.2020 asking them to submit certain documents/explanation and to submit original registration certificate and Memorandum of Associati....