9911796707
TMI Blog2022 (1) TMI 685X X X X Extracts X X X X X X X X Extracts X X X X ..... section (1) to Sec. 12A of the Act. Backed by the aforesaid facts, we are of the considered view, that in all fairness the matter requires to be restored to the file of the ld. CIT(Exemption) for de novo consideration of the assessee s application i.e, after allowing an opportunity to the assessee to rectify the mistakes in the same. We, thus, in terms of our aforesaid observations restore the matter to the file of the CIT(Exemption).. The Ground of appeal No.1 is allowed for statistical purposes. - ITA No.79/PUN/2021 - - - Dated:- 7-1-2022 - Shri Inturi Rama Rao, AM And Shri Ravish Sood, JM For the Assessee : Shri C.H. Naniwadekar, A.R For the Revenue : Shri Kalika Singh, D.R ORDER PER RAVISH SOOD, JM: The pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was statutorily required to be filed within a period of 30 days from the date of adoption or modification of the objects, the ld. CIT(Exemption) was of the view that the application filed by the assessee trust on 29.08.2018 i.e being much beyond the stipulated time period was not maintainable. At the same time, the ld. CIT(Exemption) holding a doubt that the assessee trust might not have in context of Sec. 12AB of the Act which was earlier proposed to be effective from 01.06.2020 but was thereafter made effective from 01.04.2021, therein, wrongly referred to the provisions of Sec. 12A(1)(ab) of the Act, thus, vide a notice issued through e-portal on 06.11.2020 called upon it to clarify the correct factual position, and if the application w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act was filed beyond the stipulated time period of 30 days from the date of modification of its objects, thus, it was not maintainable; and (ii). that the assessee had even otherwise failed to furnish the copies of the documents evidencing adoption or modification of the objects which it was required to file as per the provisions of Rule 17A of the Income Tax Rules, 1962; therefore, having failed to fulfil the conditions of Sec. 12A(1)(ab) of the Act as well as the provisions of Rule 17A of the Income-tax Rules, 1962 the assessee was not eligible for grant of registration u/s 12AA(1)(b)(ii) of the Act. 3. Aggrieved, the assessee trust has assailed the order of the Ld. CIT (Exemption) in appeal before us. 4. We have heard the ld. Au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... examination and disposing off the application filed by the assessee in Form No. 10A as per the extant law. 6. We have heard the ld. Authorised Representatives for both the parties, perused the orders of the lower authorities and the material available on record. After considering the facts involved in the case before us, we concur with the ld. A.R that the assessee trust which had filed an application seeking grant of registration u/s 12A of the Act, had inadvertently, on account of a bonafide mistake stated in its application in Form No. 10A that the same was filed under clause (ab) of sub-section (1) to Sec. 12A of the Act. Backed by the aforesaid facts, we are of the considered view, that in all fairness the matter requires to be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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