Allowing the appeal of the revenue the Court held that ; Tribunal was not justified in condoning the delay of delay of 18 years 3 months and 21 days. Granting of registration prospectively by the Commissioner ,with effect from 1-4-2007 relevant to assessment year 2008-09 and onwards is held to be justified .(AY. 2008-09)
CIT v. Hemla Trust (2018) 258 Taxman 406/ 172 DTR 417/ 307 CTR 576 (Mad.)(HC)
S. 12AA : Procedure for registration –Trust or institution- Delay of 18 years 3 months and 21 days- Registration was granted prospectively with effect from 1-4-2007 relevant to assessment year 2008-09 and onwards, i.e., prospectively is held to be justified -Order of Tribunal to grant the registration retrospectively was set aside .