2022 (7) TMI 637

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....which are taken on record. 2. The Paradip Port Trust-Petitioner has filed this petition questioning an order dated 28th September, 2021 passed by the Joint Commissioner of Income Tax (OSD) Circle-1(1), Cuttack rejecting the Petitioner's request to give effect to the registration granted to it under Section 12AA of the Income Tax Act, 1961 ('Act') for the period from 1st April, 2002 to 31st March, 2005. 3. The background facts are that the Petitioner was constituted as a Major Port under the Major Port Trust Act, 1963 by a Notification dated 27th September, 1967 of the Ministry of Transport and Shipping (Transport Wing), Government of India. 1st November, 1967 was the date of creation of the Petitioner-Trust. 4. On 28th ....

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....order dated 23rd March, 2017 passed by the CIT. On 24th June 2021, the CIT asked the Petitioner to submit copies of its original Income Tax Returns (ITRs) and Tax Audit Reports (TARs) and an original copy of the order dated 23rd March, 2017 granting it registration under Section 12AA of the Act. This was complied with. 7. On 28th September 2021, the impugned order was passed by the JCIT where inter alia the request of the Petitioner was rejected on the following grounds: "xxx xxx xxx 2. In this context, it can be stated that there is no provision under Income Tax Act, 1961 exists to give effect to 12AA registration by Assessing Officer. 3. Under the law, it is up to assessee, who is granted 12AA registration, t....

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....f limitation because, as was noted hereinbefore, the CIT granted the registration under Section 12AA of the Act for the AYs in question only on 23rd March, 2017 and, therefore, the Petitioner could not be blamed for the delay in making the claim. Thirdly, despite five written requests, the Opposite Parties had not responded to the Petitioner's request for making an assessment for the AYs by giving effect to the registration granted under Section 12 AA of the Act. 10. As regards the judgment of the Supreme Court in Goetze (India) Ltd. v. CIT (2006) 284 ITR 323 (SC), the requirement therein that a revised return should be filed, has also been fulfilled by the Petitioner. Admittedly, it has filed its revised returns on 29th July, 2021. ....