16 February 2011
A Trust had registration U/s80G(5)(vi) valid till 31.03.2010. Application for renewal thereof was made on 23.03.2010. CIT has issued notice to produce the original trust deed & statement of accounts on 02.09.2010 but the said notice was received on 03.09.2010. Assessee sent reply stating that the notice was received after the date fixed for submission of original document & also requesting another date for production of original Trust deed & the trust had sent certified copies of Trust deed & statement of accounts for the 3 years. The CIT has neither granted registration nor sent letter refusing granting of registration till date. my query is what will be the status of the assessee's application. is there a provision for deemed to have granted registration status? can any one provide case law in this regard Regards CA. Shivashankar
16 February 2011
Non-consideration of the application with in the time u/s 12AA(2) would result in deemed grant of registration. Citation :- Sport & Conservation of Environment Vs. CIT (2008) 171 Taxman 113(All).
However personal enquiry in CIT office is suggested.