SUSHIL HARKAULI, SUDHIR AGARWAL,JJ. - (1.) COUNTER and rejoinder affidavits have been exchanged. We have heard both sides.
(2.) THE petitioner is a Society running a school. The petitioner claims that because up to the assessment year 1998 -99, it was exempted under Section 10(22) of the Income Tax Act, 1961, (hereinafter referred to as the Act for short), therefore it did not seek separate registration under Section 12A of the Act, so as to claim exemption under Section 11. Section 10(22) being omitted by the Finance Act, 1998, the petitioner applied for registration under Section 12A of the Act, with retrospective effect, that is since the inception of the petitioner -society i.e. 11.1.1993. An application for the purpose was duly made on 24.6.2003. Inasmuch as, under Section 12A(a) (as it stood at the time of making the application), the application was required to be made within one year from the date of creation of establishment of the Trust or Institution, therefore, condonation of delay was sought in terms of Section 12A(a) proviso (i).
(3.) SECTION 12AA(2) reads as follows: 12AA(2) Every order granting or refusing registration under Clause (b) of Sub -section (1) shall be passed before the expiry of six months from the end of the month in which the application was received under Clause (a) [or Clause (aa) of Sub -section (1)] of Section 12A.];