9911796707
TMI Blog2024 (6) TMI 1050X X X X Extracts X X X X X X X X Extracts X X X X ..... e up ITA No. 1379/KOL/2023. 2. Though the assessee has raised as many as 12 grounds, but the sole grievance is that ld. CIT (Exemption) erred in rejecting the application filed by the assessee on Form 10AB merely for selecting the wrong Section code. 3. At the outset, ld. Counsel for the assessee submitted that the assessee filed an application for final registration on Form 10AB on 23.05.2023 selecting the Section 12A(1)(ac)(iv) of the Act. Subsequently, the assessee came to know that there was a mistake in selecting the Section and the correct Section is 12A(1)(ac)(iii) of the Act. The assessee accordingly filed a revised Form 10AB on 18.10.2023. However, ld. CIT (Exemption) has not considered the revised Form 10AB filed on 18.10.2023 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry of period of the provisional registration or within six months of commencement of its activities which have been raised earlier. On realising the mistake about mentioning wrong code, on 18.10.2023, the assessee uploaded a fresh Form 10AB selecting the correct Section code i.e. 12A(1)(ac)(iii) of the Act and also enclosed all the relevant documents and details required for the final registration. A note was also given in the remarks column about the mistake of having mentioned wrong code in earlier application. However, subsequent thereto on 22.11.2023 ld. CIT (Exemption) has rejected the application filed by the assessee on 23.05.2023 without considering the revised application. 6. We find that the assessee had intimated ld. CIT (Exempt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee is that ld. CIT (Exemption) has dismissed the assessee's application filed u/s 80G(5)(iii) of the Act solely on the ground that it is belated and is not maintainable. At the outset, ld. Counsel for the assessee submitted that as per the CBDT Circular No. 6 of 2023 dated 24.05.2023 the last date for filing the application on Form 10AB u/s 80G(5)(iii) of the Act is 30.09.2023 and since the assessee has filed the application on 27.05.2023, there is no delay and therefore, ld. CIT (Exemption) erred in rejecting the application as non-maintainable. Copy of CBDT Circular No. 6 of 2023 referred (supra) is place on record. 9. On the other hand, ld. D/R submitted that in the said circular at para 7, there is no specific mention about Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Principal Commissioner or Commissioner has not passed an order before the issuance of this Circular, the pending application in Form No. 10AB may be treated as a valid application. Further, in cases where the trust had already made an application in Form No. 10AB, and where the Principal Commissioner or Commissioner has passed an order rejecting such application, on or before the issuance of this Circular, solely on account of the fact that the application was furnished after the due date, the trust may furnish a fresh application in Form No. 10AB within the extended time provided in paragraph 5(77) i.e. 30-9-2023." 11. From perusal of the above circular which is binding upon the Revenue authorities, we notice that the extended time prov ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
