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TMI Blog2025 (5) TMI 946X X X X Extracts X X X X X X X X Extracts X X X X ..... r section 12A of the Act. 2. The grounds raised by the assessee read as under: "1. The learned Commissioner of Income Tax (Exemptions), Ahmedabad ("the CFT") erred in fact and in law in rejecting the application for registration of the trust u/s. 12(1)(ac)(iii) of the Income Tax Act, 1961 ("the Act"). 2. The learned CIT erred in fact and in law in rejecting the application of registration of the trust without giving a proper opportunity of being heard." 3. The ld.counsel for the assessee pointed out that the Ld.CIT rejected the assessee's application filed u/s 12A(1)(ac)(iii) of the Act finding it premature and hence non maintainable for the reason that the assessee was not provisionally registered u/s 12AB of the Act, which condition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... immediately before its amendment by the Finance (No. 2) Act, 1996 (33 of 1996)] or under section 12AA [as it stood immediately before its amendment by the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (38 of 2020)], within three months from the first day of April, 2021; (ii) where the trust or institution is registered under section 12AB 93[or approved under sub-clause (iv) or sub-clause (v) or sub-clause (vi) or sub-clause (via) of clause (23C) of section 10] and the period of the said registration 93[or approval, as the case may be,] is due to expire, at least six months prior to expiry of the said period; (iii) where the trust or institution has been provisionally registered under section 12AB 93 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tering the trust or institution for a period of five years; or [(B) if he is not so satisfied, pass an order in writing,- (I) in a case referred to in sub-clause (ii) or sub-clause (iii) or sub- clause (v) of clause (ac) of sub-section (1) of section 12A rejecting such application and also cancelling its registration; (II) in a case referred to in sub-clause (iv) or in item (B) of sub-clause (vi) of sub-section (1) of section 12A, rejecting such application, after affording a reasonable opportunity of being heard;] [(c) where the application is made under item (A) of sub-clause (vi) of the said clause or the application is made under sub-clause (vi) of the said clause, as it stood immediately before its amendment vide the Finance Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k fresh registration in terms of section 12A(1)(ac)(i) of the Act. However, in the instant case, the assessee has inadvertently filed application under section 12A(1)(ac)(iii) of the Act. 9. The ld.counsel for the assessee pointed out that the ld.CIT(E) was well aware of the fact that the assessee had applied for grant of registration under incorrect provision, since his order notes the fact that the assessee was earlier registered under section 12AA of the Act vide order dated 15.2.2024. He, therefore, contended that merely because the assessee had sought registration under an incorrect provision, the same could not be fatal for grant of registration, and he pleaded that the matter be restored back to the ld.CIT(E) to consider the applica ..... X X X X Extracts X X X X X X X X Extracts X X X X
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