9911796707
TMI Blog2024 (6) TMI 1351X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 1 of section 12A of the Act (in short 'the Act'). 2. The grounds of appeal raised by the assessee are as follows: "1. The Ld CIT(E) was not just and proper on the facts of the case and in law in rejecting the application of the Trust for registration u/s 12A(1)(ac)(iii)." 3. Brief facts qua the issue are that assessee-trust has filed Form 10AB u/s 12A(1)(ac)(iii) of the Act, on 24/01/2023. The applicant had been granted order for provisional registration in Form No. 10AC issued, on 25/09/2022 under section 12A(1)(ac)(vi) for the period commencing from A.Y. 2023-24 to AY 2025-26. From perusal of details available on records, its is observed that the Name of the applicant/assessee as per PAN/Form No. 10AB is "SURAT HALAI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e "Memon Jamat/Community": "To endeavor to promote brotherhood among the members and to maintain cordial relations with brotherly Jamats..." 6. Therefore, ld. CIT(E) held that there is violation of section 13(1)(b) of the Income Tax Act, 1961. The ld. CIT(E) also observed that the applicant has failed to satisfy about the genuineness of the activities of the trust or institution and these activities are not in consonance with the objects of the trust or institution. Therefore, application of the applicant under sub-clause (iii) of clause(ac) of subsection(1) of section 12A was rejected by ld. CIT(E), in respect of provisional registration granted to him on 25.09.2022. 7. Aggrieved by the order of ld.CIT(E), the assessee is in appeal be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -DR) for the Revenue reiterated the stand taken by the ld. ld. CIT(E), which we have already noted in our earlier para and is not being repeated for the sake of brevity. 10. We have heard the rival contentions, perused the material on record and duly considered facts of the case in the light of the applicable legal position. In our considered view, it was wholly erroneous on the part of the ld CIT(E) to reject the assessee`s application on account of mismatch of name. The mismatch in name may be rectified and corrected and the corrected name may be accepted. It should not be a reason to deny registration of the assessee-trust. The ld Counsel submitted before us, the correct name, which is to be adopted as "SURAT HALAI MEMON JAMAT AND HALAI ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
