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TMI Blog2022 (10) TMI 105X X X X Extracts X X X X X X X X Extracts X X X X ..... s granted for a period of 5 assessment years i.e. from assessment year 2022 23 to assessment year 2026 27. We also find that the impugned order for provisional registration in Form 10AC was issued under section 12A(1)(ac)(i) of the Act, which provision merely deals with making an application for registration. In view of the above, we are of the considered opinion that application filed by the assessee trust under section 12A(1)(ac)(i) was not properly considered for grant of registration under section 12AB of the Act. Accordingly, we direct the designated authority under section 12AB to de novo consider the application of the assessee trust under section 12A(1)(ac)(i) of the Act and grant the registration as per law. As a result, grounds ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on in Form 10AC under Sub clause (i) of clause (ac) of sub-section (1) of section 12A r/w. rule 17A/11AA/2C, where the appellant had applied for the re-registration of the existing trust under the provisions of section 12A(1)(ac)(i) of the Act. Relief claimed: To issue of Order for registration in Form 10AC under Sub clause (i) of clause (ac) of sub-section (1) of section 12A r/w. r.w. rule 17A/11AA/2C. Ground No. 3 The Hon. Principal Commissioner of Income Tax / Commissioner erred in not taking cognizance of letter dated 19th January 2022, requesting to issue the order of registration instead of order for provisional registration , followed by grievance raised regarding the same on the income tax portal on 04th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act. Ground No. 4: The appellant prays for your leave to add, alter, amend or modify any of the above grounds. 5. The only grievance of the assessee in present appeals is against grant of Provisional Registration instead of Regular Registration under section 12AB of the Income Tax Act, 1961 ( the Act ). 5.1. The assessee is a public Charitable Trust and granted registration u/s.12A of the Act vide Registration No.TR/27137 dated 11/08/1989 and registered u/s.80G of the Act vide Registration No. DITE/MC/80G/502/2008/2008-09 dated 07/11/2008. The assessee trust made an application on 29/04/2021 in Form No.10A for registration as per Section 12A(1)(ac)(i) of the Act and also u/s.80G of the Act dated 07/05/2021. The DIT (CPC) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 11 and section 12 shall not apply in relation to the income of any trust or institution unless the following conditions are fulfilled, namely:- (a) .. (aa) (ab) (ac) notwithstanding anything contained in clauses (a) to (ab), the person in receipt of the income has made an application in the prescribed form and manner to the Principal Commissioner or Commissioner, for registration of the trust or institution,- (i) where the trust or institution is registered under section 12A [as it stood 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 Pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld be registered under section 12AB of the Act. Section 12A(1)(ac)(i) of the Act specifically deals with the cases where trust or institution was registered under section 12A or under section 12AA. 6.2. Further, section 12AB of the Act deals with procedure for fresh registration. Section 12AB(1) of the Act reads as under: 12AB. (1) The Principal Commissioner or Commissioner, on receipt of an application made under clause (ac) of sub-section (1) of section 12A, shall,- (a) where the application is made under sub-clause (i) of the said clause, pass an order in writing registering the trust or institution for a period of five years; (b) where the application is made under sub-clause (ii) or sub-clause (iii) or sub-clause (iv) o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act. Further, section 12AB(1)(a) of the Act provides that where an application is made under section 12A(1)(ac)(i) the Principal Commissioner or Commissioner shall pass an order in writing registering the trust or institution for a period of 5 years. However, in the present case, the assessee trust being registered under section 12A and thus rightly made an application under section 12A(1)(ac)(i) of the Act, was granted Provisional Registration in Form 10AC subject to certain conditions. It is pertinent to note that section 12AB(1)(c) deals with granting of Provisional Registration to the trust or institution for a period of 3 years from the assessment year from which registration is sought. 6.4. However, the said section is appli ..... X X X X Extracts X X X X X X X X Extracts X X X X
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