In revision under section 263 of the  Act  the Commissioner suo motu set aside the assessment order on the ground of failure to produce certificate of  Registration.  The Tribunal set aside the order passed by the Commissioner, but the High Court, taking into consideration the amendment in the year 1997, set aside the order passed by the Tribunal holding that as the assessee had failed to produce the certificate of registration the assessee was not entitled to the exemption under section 12A. The assessee’s review application having been dismissed by the High Court, on appeals to the Supreme Court  allowing the appeals, that taking into consideration that since 1987 from the date on which the assessee applied for registration under section 12A, the assessee continued to avail of the benefit of exemption under section 12A at least up to the AY. 2007-08 on the basis of its registration in the year 1987, the Assessing Officer was justified in granting the benefit of exemption under section 12A for the AY. 2010-11. For all these years after 1997 till the year 2007-08 it was never the case of the Department or even the Commissioner that in the earlier years there was any certificate of registration or the registration was not granted. Even from the material on record, it was apparent that the assessee was granted registration on September 22, 1987. Therefore it could not be said that there was no registration at all. The order passed by the Tribunal was to be restored.

By the court : What was required to be considered was the relevant provision prevailing in the year 1987, namely, the day on which the assessee applied for the registration. At the relevant time there was no requirement of issuance of any certificate of registration. (AY. 2010-11)