- (1.) By this appeal, a challenge is made to the order of Income Tax Appellate Tribunal, Jaipur Bench, Jaipur (in short "?the Tribunal") dated 29.02.2008.
(2.) Learned counsel for the appellant-revenue submits that as per Section 12AA(a)(ii) of the Income Tax Act, the registration of the Trust can be taken from the date of the application, if it is complete in all respect. If an application for registration of the Trust is submitted with defects and are cured later on, the registration would be treated on the date, the defect are removed. It cannot relate back to the date of submission of the defective application.
(3.) The Tribunal has allowed registration under Section 12AA (a) (ii) from the date of submission of the application with condonation of delay. The audited accounts were not submitted along with application and the defect aforesaid was cured later on. Learned Tribunal thus committed grave illegality while ignoring mandate of Section 12AA (a)(ii) of the Act. In the light of the aforesaid, the order of the learned Tribunal may be set aside. A reference of the judgment of Gujrat High Court in the case of HeeraLal Bhagwati v. Commissioner of Income Tax, reported in 246 ITR 188 has been given.;