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2022 (5) TMI 891 - AT - Income TaxExemption u/s 11 - rejecting the applications filed by the assessee seeking registration u/s 12AA and u/s 80G(5)(vi) - HELD THAT:- There is no dispute that the assessee was already registered u/s 12AA by order dated 23.06.2009 effective from 19.12.2008 at the time of moving the present application on 28.09.2020, a fact duly mentioned in the said application filed in Form no. 10A and admittedly and undisputedly, the impugned order passed by the ld CIT(E) doesn’t any impact or consequences as far as the existing registration u/s 12AA which continues to remain valid as on date. There has however been amendment in the law by virtue of Finance Act 2020 where an assessee already registered u/s 12AA has to intimate/apply to the jurisdictional PCIT or CIT within the prescribed time period with requisite documentation and the implementation of which has been deferred initially by the Ministry of Finance as intimated through a press release dated 9.05.2020 and thereafter, there has been amendment in the Act by virtue of The Taxation And other laws (Relaxation and amendment of certain provisions) Act, 2020 where the earlier amended provisions have been replaced with new set of provisions and the said new provisions have been made effective from 1.04.2021. Therefore, as far as the present application filed on 28.09.2020 is concerned, we find that there was no requirement at first place to move such an application by the assessee at the relevant point in time and secondly, for the ld CIT(E) to initiate any action on such application where there were no provisions to move such an application at first place by the assessee which is already registered u/s 12AA of the Act. We also note that during the course of proceedings before the ld CIT(E), the assessee has also moved an application stating that it wishes to withdraw its application seeking registration as it is already registered u/s 12AA of the Act as evident from assessee’s paperbook which has not been disputed by the Revenue. During the course of hearing as well, the ld AR has also submitted that the assessee has mistakenly moved the present application where there was no requirement at first place and has sought directions to the ld CIT(E) to allow the withdrawal of application wrongly filed u/s 12AA of the Act. We hereby modify the directions of the ld CIT(E) where the application dated 28.09.2020 u/s 12AA is to be treated as withdrawn due to non-applicability of the relevant provisions of law at the relevant point in time for moving such an application and whose implementation has been deferred to a subsequent date, and the fact that the assessee has also requested for withdrawal of its application. The order of the ld CIT(A) thus stand modified and the application of the assessee stand withdrawn.
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