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he applicant, a society registered with Registrar of Societies on 30.9.1976 had filed an application seeking registration u/s 12A of the I.T. Act on 27.3.2005. The same has been rejected by the ld. CIT on the basis that activity of the applicant could not be termed as charitable within the meaning of section 2(15) of the Act; there were huge surpluses during Financial Years 2001-02 (Rs.63,33,168/-), F.Y. 2002-03 (Rs. 9,79,764/-), F.Y. 2003-04 (Rs.63,33,168/-) and F.Y. 2004-05 (Rs.92,82,728/-); accounts were not audited and returns of income for such years in which total income exceed Rs. 50,000/- were not filed alongwith Form No. 10B. In our view, as discussed above the assessee has fulfilled both the conditions and the delay in making the application for registration has also been successfully explained and that being sufficient cause for the delay, we condone the delay with direction to the Ld. CIT to grant the registration on the application filed by the assessee for the purpose in Form No. 10A before Ld. CIT on 27.3.2005 for the claimed period.

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Section 12AA of the Income Tax Act, 1961 — Trust — Tribunal was right in directing the Commissioner to grant registration to the assessee under section 12A as assessee's activities were  for advancement of object of general public utility — Commissioner of Income tax vs. Rajasthan State Seed And organic Production Certification [2018] 408 ITR 513 (Rajasthan)     

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