Carmel Educational and Charitable Trust .v. ITO (2020) 121 taxmann.com 278 / (2021) 277 Taxman 165 (Mad) (HC)

S. 12AA : Procedure for registration – Trust or institution – Assessee deemed to have abandoned or waived off their claim made in first application on filing second fresh application – Commissioner justified in granting registration taking into consideration second application and not retrospective registration basis first application .[ From No.10A ]

Court held that, where assessee-trust filed application for granting registration in Form 10A under section 12AA on 11-3-2009 and without pursuing same for two years filed another application on 28-6-2011 second application could not be considered as a letter in continuation of earlier application; it was to be considered as a fresh application and registration was rightly granted from 1-4-2011 and not from 1-4-2009. (TCA No 770 of 2019, dt. 05-10-2020)  (AY. 2012 -13).