Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2024 (9) TMI 1510

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... r Section 12A(1)(ac)(ii) on 30.09.2023. Appellant/assessee filed again revised Form 10AB for registration under Section 12A(1)(ac)(iii) for grant of registration on 18.03.2024. The learned CIT(Exemption) vide order dated 21.03.2024 rejected the application filed on 30.09.2023 for grant of registration under Section 12A(1)(ac)(iii) of the Act. 3. Being aggrieved appellant/assessee filed the present appeal with following grounds: "1. That the learned CIT(Exemption) has erred both on facts and in law in not granting registration to the appellant Society (which has been existing since 01.04.1999 and had duly granted registration u/s. 12 A of the Act throughout) on the mere ground that in the application made in Form No.10AB of the Income-Tax .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... orm 10AB had duly been processed and examined by him on earlier dated when he found no lacuna or any other infringement warranting refusal for grant of registration u/s 12A of the Income Tax Act. 5. That further the learned CIT(Exemption) has acted highly arbitrarily when similar typing errors made in the cases of Prachin Shri Aggarwal Digamber Jain Panchayat Delhi and Jain Society for the Protection of Orphans for India had been condoned; whereas in the instant case similar error had not been condoned." 4. Learned Authorised Representative for appellant/assessee submitted that the appellant/assessee is a charitable institution existing since 18.07.1954 and granted registration under Section 12A of the Act on 29.11.1999 w.e.f. 01.04.1999 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... R on the other hand supported impugned order and requested for its confirmation as the appellant has not moved the application as per the required correct provisions of the Income Tax Act, 1961. 7. We have heard both the parties carefully. It is evident that the appellant/assessee had committed a technical mistake in preparing the application under Section 12A(1)(ac)(ii) instead of 12A(1)(ac) of the Act. It was also brought to the notice of the Bench that the assessee had filed revised Form 10AB for seeking registration under the correct provisions i.e. Section 12A(1)(ac)(iii) of the Act which could have been considered by the learned CIT(Exemption). 8. In the light of the latest decisions in Sri Jeyamkonda Choleeswara Soundaranayakai Amm .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates