2025 (9) TMI 1367

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....to as the "Act"). 2. The grounds of appeal raised by the assessee read as under: "1. The Ld. CIT erred in law and in the facts of the case in rejecting the application for registration u/s. 10AD of the act. 2. The Ld. CIT erred in law and in the facts of the case in rejecting the provisional registration which was granted earlier. 3. The appellant craves the permissions for making any alteration or addition in the grounds of appeal." 3. The appeal is delayed for filing by 114 days. The assessee has filed an application before us supported by duly sworn affidavit of the Trustee of the assessee trust explaining the cause of delay, which is reproduced as under: "1. That the impugned order of the CIT(E)....

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....art of the assessee and the assessee did not benefit by not filing appeal. He therefore requested the delay to be condoned. 4. Ld. DR objected to the condonation of delay. 5. Having gone through the application filed by the assessee Trust, duly supported by a sworn affidavit of the Trustee of the Trust, we are convinced that there was sufficient cause for the delay in filing appeal before us and which delay was not attributable to the assessee but was on account of circumstances prevailing which resulted in the order passed by the Ld. CIT(E) not coming to the notice of the concerned persons of the assessee Trust. The assessee Trust has submitted that its accountant who was handling all accounts related matter had left the job when the....

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....applicability of sections 11 and 12. 12A. (1) The provisions of section 11 and section 12 shall not apply in relation to the income of any trust or institution unless the following conditions are fulfilled, namely:- . . . . (ac) notwithstanding anything contained in clauses (a) to (ab), the person in receipt of the income has made an application in the prescribed form and manner to the Principal Commissioner or Commissioner, for registration of the trust or institution,- (i) where the trust or institution is registered under section 12A [as it stood immediately before its amendment by the Finance (No. 2) Act, 1996 (33 of 1996)] or under section 12AA [as it stood immediately befo....

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.... ^88[(vi) in any other case, where activities of the trust or institution have- (A) not commenced, at least one month prior to the commencement of the previous year relevant to the assessment year from which the said registration is sought; (B) commenced and no income or part thereof of the said trust or institution has been excluded from the total income on account of applicability of sub-clause (iv) or sub-clause (v) or sub-clause (vi) or sub-clause (via) of clause (23C) of section 10, or section 11 or section 12, for any previous year ending on or before the date of such application, at any time after the commencement of such activities,] and such trust or institution is registered under section 12AB: ....