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2022 (10) TMI 566 - AT - Income TaxRegistration u/s 10(23C)(vi) - application in form no. 56D was filed belatedly by the assessee on 27.10.2018 for seeking registration u/s 10(23C)(vi) - HELD THAT:- For the financial year 2017-18, as the power vested only with CBDT u/s 119(2)(b) of the 1961 to condone the delay. There is one more aspect, the assessee has claimed that the application in Form No. 56D on 27.10.2018 was filed on 27.10.2018 for seeking registration u/s 10(23C)(vi) for not only financial year 2017-18 , but also for subsequent years too, while the ld. CIT(E) has observed that the aforesaid application was filed by assessee only for one financial year2018-19(sic. financial year 2017-18). The copy of application in Form No. 56D filed by the assessee on 27.10.2018 is not produced before us. Whether the application was filed merely for one year as contended by ld. CIT(E) in its order or for financial year 2017-18 and subsequent years too as contended by assessee, is again a disputed fact, which requires to be verified by ld. CIT(E). If that be so as contended by the assessee that the application in Form No. 56D was filed for financial year 2017-18 and subsequent years, then ld. CIT(E) was right in rejecting the same for financial year 2017-18 as the application being belated application, while the ld. CIT(E) ought to have dealt with application for the assessee for subsequent years, as per law. Thus, we are restoring the matter back to the file of ld. CIT(E) for fresh adjudication , in accordance with directions as per our order. The ld. CIT(E) will first verify two disputed facts as are referred to in this order, before proceeding to adjudicate the issues on merit in accordance with law.
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