Dear,
what happen if a educational institution doesn't received any intimation of its registration u/s 12A/AA within 6 months from the date of application in Form-10A ?
1 Replies
Z
(Tax Consultation (US and India))
(2965 Points)
Replied 12 January 2015
Earlier we used to think that once the time period mentioned in the section has lapsed the entity is deemed to be registered
But there have been several judgements saying that this time is only of recommandatory nature and it should not be deemed that trust is registered.
(It should also not be deemed that registeration has been cancelled and a reasonable oppourtinuity should be given before denying the registeration)
Some of the judgements include
" Commissioner of Income-tax Versus Karimangalam Onriya Pengal Semipu Amaipu Ltd.HIGH COURT OF MADRAS"
"Commissioner of Income-tax-I, Salem versus Sheela Christian Charitable Trust HIGH COURT OF MADRAS "
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