The Commissioner Of Income Tax,Central I, Chennai v. M/S. Srm Institute Of Science And Technology

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM: THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMAND THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN The Commissioner of Income Tax,Central I, Chennai.... Appellant/Respondent Vs M/s. SRM Institute of Science and Technology 3 Veerasamy Street,West Mambalam,Chennai – 600 033.... Respondent/Appellant Tax Case Appeal filed u/s.260-A of the Income Tax Act,1961, against the order of Income Tax Appellate Tribunal Chennai'C' Bench, dated 11.07.2008 in ITA No.1699/Mds/2007, against theorder of Commissioner of Income Tax, Central -I, Chennai onCNO.1582A/1/80G/05-06/C/dated 23/11/2015. For Appellant:Mr. T.R.Senthil Kumar, SSCMs. K.G.Usha RaniFor Respondent :Ms. Sree Lakshmi Valli forMr.N.Muthukumar JUDGMENT [Judgment of the Court was made by T.S.SIVAGNANAM, J] This appeal by the Revenue filed u/s.260-A of the IncomeTax Act, 1961 (hereinafter referred to as ‘the Act’) is directedagainst the order dated 26.08.2008 passed by Income TaxAppellate Tribunal Chennai 'C' Bench (hereinafter referred to as'Tribunal') in ITA No.1699/Mds/2007. 2. This Tax Case Appeal was admitted on 06.03.2009 on thefollowing substantial questions of law:“1.Whether on the facts and in the circumstancesof the case, the Income tax Appellate Tribunal wasright in holding that the Commissioner of Income Tax https://hcservices.ecourts.gov.in/hcservices/ was not right in rejecting the assessee's applicationfor registration under Section 12AA on the ground thatthe said application was redundant when the assesseehas also applied for notification under Section 10(23C) of the Income Tax Act? And2. Whether on the facts and in the circumstancesof the case, the Income Tax Appellate Tribunal wasright in holding that the assessee had sufficient andgenuine cause for filing the appeal before it with adelay of 514 days without considering thecontradictory stands taken by the assessee in thepetition for condonation of delay and in the groundsof appeal?” 3. The application filed by the assessee for grant ofregistration under Section 12AA of the Act was rejected by theCommissioner of Income Tax Appeals, Central -I, vide order dated23.11.2005. On a perusal of the order, we find that the reasonsfor rejection is that an application has been filed by theassessee under Section 10(23C) of the Act, which is pending atthe relevant time and therefore, the Commissioner opined thatthe application filed under Section 12AA of the Act is redundantand there is no necessity for granting registration to theassessee. 4. This order was reversed by the Tribunal, in our view,rightly so. It may not be necessary for us to adjudicate thecorrectness of the order passed by the Tribunal, sincesubsequently, the respondent/assessee has been grantedregistration under Section 12AA of the Act with effect fromAssessment Year 2005-06, which the assessee has accepted. 5. Considering the facts and circumstances of the case, wefind no grounds to interfere with the order passed by theTribunal and we also hold that no substantial question of lawarising for consideration in this appeal. 6. Accordingly, the appeal filed by the revenue fails andthe same stands dismissed. No costs. Sd/-Assistant Registrar(CS-VIII) //True copy// https://hcservices.ecourts.gov.in/hcservices/ To The Commissioner of Income Tax,Central I, Chennai. +1cc to Mr.N.Muthukumar, Advocate SR.No.66847 +1cc to Mr.T.R.Senthil Kumar, Advocate SR.No.67213 SJ(CO)GMY(13/09/2019) Tax Case Appeal No. 40 of 2009