9911796707
TMI Blog2024 (6) TMI 1274X X X X Extracts X X X X X X X X Extracts X X X X ..... n 12AB of the Income Tax Act, 1961 ["Act" in short] shall apply from the assessment year 2021- 22 onwards. 2. The appeal of the assessee is filed with a delay of 283 days in filing the appeal before the Tribunal. The assessee has filed a petition for condonation of delay in the form of an affidavit mentioning the reasons for delay in filing the appeal. By referring to the above affidavit, the ld. Counsel for the assessee has submitted that since the assessee was pursuing alternative remedy of rectification, thereby, the delay was occurred. By filing copy of the rectification petition dated 27.09.2022, 09.12.2022 as well as copy of the rectification order passed under section 154 of the Act dated 19.12.2022, the ld. Counsel has submitted th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 dated 29.08.2021. The assessee had filed the application in Form 10A on 30.03.2022 well within the said time limit and the registration has been granted by the Commissioner vide order in Form 10AC on 06.04.2022. In the said order, the assessment year or years for which the Trust or institution is registered is mentioned as "From AY 2022-23 to AY 2026- 2027". 4. The ld. PCIT/CIT, vide order dated 06.04.2022, granted registration from the assessment year 2022-23 to 2026-27 for the reason that the CPC processed the return filed by the assessee dated 14.03.2022, wherein, the CPC has noted as under: In Schedule Part A General - "Details of registration or approval under Income Tax Act" details of Section 12AB or 10(23C)(iv)/10(23C)(v)/ 10(2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has granted registration in Form 10AC only from assessment year ("AY") 2022-23 instead of AY 2021-22. (iv) Further it is submitted that as per provisions of section 12AB(1)(a), once the CIT receives an application under section 12A(1)(ac)(i), he is required to pass an order granting registration for five years. The said section does not specifically state the AY from which the registration is to be granted, in contrast to the 12AB(1)(c). This clearly means that when application is made under section 12A(1)(ac)(i), the CIT(E) is to grant registration in continuation to the earlier registration and thus in the present case ought to have granted from AY 2021-22. 6. On the other hand, the ld. DR relied on the order passed by the ld. PCIT/CI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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