- (1.) This reference to the Full Bench has been occasioned by a referring order of a Division Bench of this Court dated 5 August 2013 and turns upon the interpretation of the provisions of Section 12AA(2) of the Income Tax Act 1961 (the Act).
(2.) The questions which have been formulated for decision are as follows: (i) Whether the non disposal of an application for registration, by granting or refusing registration, before the expiry of six months as provided under Section 12AA(2) of the Income Tax Act, 1961 would result in deemed grant of registration; and (ii) Whether the Division Bench judgment of this Court in the case of Society for the Promotion of Education, Adventure Sport & Conservation of Environment vs. Commissioner of Income Tax, 2008 216 CTR(All) 167 holding that the effect of non consideration of the application for registration within the time fixed by Section 12AA(2) would be deemed grant of registration, is legally correct.
(3.) The Division Bench has prima facie doubted the correctness of an earlier judgment of a Division Bench in Society for the Promotion of Education Adventure Sport & Conservation of Environment vs. Commissioner of Income Tax & Ors. .;