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TMI Blog2024 (6) TMI 527X X X X Extracts X X X X X X X X Extracts X X X X ..... or seeking clarification. The assessee responded to the show cause notice of CIT(E) vide their reply dated 15.12.2023. The contents of show cause notice and the reply thereof is not recorded by CIT(E) in his order. We find that the assessee vide their reply dated 15/12/2023 prayed to consider the application in appropriate sub-clause of section 12A(1). CIT(E) held that he has no power to change/ amend or rectify Form-10AB. We find that it was an inadvertent mistake and the assessee has already explained the facts and prayed for correction before the ld. CIT(E). In our view the mistake in filing entry was not fetal and could be considered in appropriate sub-clause or clause of section 12A(1). Otherwise, the assessee has provided all the deta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pal Commissioner or Commissioner has passed an order rejecting such application on or before issuance of this circular, solely on account of fact that application was furnished after due date or that application has been furnished under wrong code, it may furnish a fresh application in form 10AB within extended period i.e. up to 30/06/2024. Considering the benefit allowed by the CBDT in its Circular No. 7/2024, therefore, the assesse is also eligible for benefit of similar extended period. - SHRI PAWAN SINGH, JUDICIAL MEMBER AND SHRI BIJAYANANDA PRUSETH, ACCOUNTANT MEMBER For the Appellant : Shri Manish J Shah and Sh. Rushin Patel, Advocates (A.R s) For the Respondent : Shri Ashish Pophare, CIT-DR Order under Section 254(1) of Income Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r alter the grounds of appeal at the time of hearing, if need arise. 2. Rival submissions of both the parties have been heard and record perused. Sh. Rushin Patel, the learned Authorised Representative (ld. AR) of the assessee submits that the assessee-trust filed an application for registration under Section 12AB of the Income Tax Act, 1961 (in short, the Act) in Form-10AB on 28.09.2023. However, at the time of filing online application, the applicant selected inappropriate sub-clause of Section 12A(1)(ac)(iv) instead of Section 12A(1)(ac)(iii). This fact was brought in the notice of ld. CIT(A) vide their reply filed in response to the show cause notice and prayed to treat the same under sub-clause (iii) of clause (ac) of section 12A(1). S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 369/Srt/2024. 3. The ld AR for the assessee submits that the CBDT has recently issued a Circular No. 7/2024 dated 25/04/2024 wherein the time limit for filing application and Form 10AB for approval of fund under section 80G(5) has been extended up to 30/06/2024. In the said Circular, the CBDT has already granted relaxation of time to the parties whose similar applications are pending before the ld. CIT(E). Thus, the assessee may also allow similar benefit of relaxation. The ld AR for the assessee submits that both the applications of the assessee-trust were rejected summarily, therefore, the matters may be restored back to the file of ld CIT(E) for considering both the application on merit and to allow relief to the assessee. 4. On the oth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see has provided all the details and information in Form-10AB, while applying for registration under section 12A/12AB. Being first appellate authority, the plea of assessee for correction in Form-10AB is accepted and the order of ld CIT(E) is set-aside. The registry official of ld CIT(E) maintaining record of ITBA portal about the registration of trust under section 12A/12AB is directed either to correct such mistake or allow the assessee to rectify or amend the relevant clause/ sub-clause of section 12A(1). Considering the fact that the application of assessee was not considered on merit, therefore, we deem it appropriate to direct the ld. CIT(E) to treat the application of assessee under Section 12A(1)(ac)(iii) in place of Section 12A(1)( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her delay and seek adjournment without any valid reason and to furnish all the details and his submissions and evidences on various grounds of appeal raised by it, as soon as possible, if so desired without any further delay. 8. We may also anticipate that there was delay in filing application for approval under Section 80G(5), as CBDT in its earlier Circular No. 08/2022 has extended time period for filing such application up to 30.09.3022. We find that the CBDT in its recent Circular No. 7/2024 dated 25/04/2024 has extended the time limit for filing Form 10AB for approval under Section 80G(5) till 30/06/2024. It is further clarified in the aforesaid Circular that where any trust, institution or fund has already made an application in Form ..... X X X X Extracts X X X X X X X X Extracts X X X X
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