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TMI Blog2023 (9) TMI 1422X X X X Extracts X X X X X X X X Extracts X X X X ..... AY GARG, JUDICIAL MEMBER: The captioned appeals have been preferred by the assessee against the separate orders both dated 27.06.2023 of Commissioner of Income Tax (Exemption), Kolkata (hereinafter referred to as the 'CIT(E)'). ITA No. 730/Kol/2023 has been preferred agitating against the rejection of the application of the assessee for final registration u/s 12A(1)(ac)(iii) of the Income Tax Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the assessee has already been granted provisional registration u/s 12A of the Act. That the assessee has not given proper and adequate opportunity by the ld. CIT(E) to present its case. 3. The ld. DR, on the other hand, has relied upon the impugned order of the ld. CIT(E). 4. We have heard the rival contentions and gone through the record. We find that only a single opportunity has given by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act on 03.12.2022. The ld. CIT(E) however, referred to the said clause (iii) of proviso to section 80G(5) of the Act, which reads as under: (iii) Where the institution or fund has been provisionally approved, at least six months prior to expiry of the period of the provisional approval or within six months of commencement of its activities whichever is earlier." The ld. CIT(E) concluded from th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... registration u/s Clause (iii) of 1st Proviso to section 80G(5) of the Act. Though the assessee might have commenced its activities prior to grant of provisional registration but that does not mean that the assessee in that event will be precluded from applying for final registration even after the grant of provisional registration. The assessee as per statutory provision could not have directly a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (E) for decision afresh on merits on the application for final registration u/s 12A of the Act and since the registration u/s 80G(5) is dependent upon the registration u/s 12A of the Act, therefore, the application of the assessee for registration u/s 80G(5) is also restored to the ld. CIT(E) subject to the observations made above. 7. In the result, both the appeals of the assessee are treated as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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