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2023 (11) TMI 1271

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..... s the earlier order in Form 10AC is still valid till A. Y. 2026- 2027 - HELD THAT:- CIT(Exemption) did not adjudicate the applications on merit. He simply treated the applications as infructuous on the ground that the assessees are already enjoying registration. It is pertinent to mention that clause (c) of section 12AB, sub-section (1) provides for grant of provisional registration for a period o .....

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..... mar, Accountant Member For the assessees : None For the Revenue : Shri Abhijit Kundu, CIT, ORDER Per Rajpal Yadav, Vice-President (KZ):- The present two appeals are directed at the instance of assessees against the orders of ld. Commissioner of Income Tax (Exemption), Kolkata both dated 11.07.2023 passed on the respective appeals of the appellants. 2. The grievance of the assessees is t .....

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..... e has filed an application for registration under section 12A(1)(ac)(iii) of the Income Tax Act, 1961 in Form No. 10AB. This application was found to be prima-facie nonmaintainable and accordingly vide letter dated 14.06.2023, certain clarifications were sought from the assessee. The application filed by the assessee is premature as the earlier order in Form 10AC is still valid till A. Y. 2026- .....

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..... ady enjoying registration. It is pertinent to mention that clause (c) of section 12AB, sub-section (1) provides for grant of provisional registration for a period of three years from the assessment year from which the registration is sought. The assessees are having provisional registration but they have applied grant of registration under section 12AB(1), clause (b) and nothing else. Ld. Commissi .....

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