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TMI Blog2024 (6) TMI 1128X X X X Extracts X X X X X X X X Extracts X X X X ..... hmi Valli , Advocate For the Respondent : Shri S. Senthil Kumaran , CIT ORDER PER MAHAVIR SINGH , VICE PRESIDENT : This appeal by the assessee is arising out of the order of the Commissioner of Income Tax (Exemption), Chennai in Form 10AD of the Income Tax Act, 1961 (hereinafter the 'Act') vide Application No.CIT(Exemption), Chennai/2022-23/12AA/11960 dated 04.03.2023. 2. At the outset, i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al before the Tribunal against the rejected application. Hence, this delay was caused, which is beyond the control of the assessee. When this was confronted to ld.CIT-DR, he objected to condone the delay. We find the cause as reasonable and hence, condone the delay and admit the appeal. 3. The only issue in this appeal of assessee is rejecting the application filed in Form No.10A u/s.12A(1)(ac)(i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the assessee but the CIT(Exemption) vide his order in Form No.10AD on 04.03.2023 rejected the assessee's application treating it as infructuous and non-maintainable by stating the reason that the assessee ought to have applied u/s.12A(1)(ac)(iii) of the Act instead of 12A(1)(ac)(ii) of the Act. The CIT(Exemption) recorded the fact and rejected the application by observing as under:- 4. While ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d only provisional registration for a period of 3 years (from AY 2023-24 to AY 2025-2026) as stated above, the present application in Form 10AB filed u/s. 12A(1)ac)(i) seeking registration is prima-facie non-maintainable. 7. On careful consideration of the above facts and circumstances, the above application filed on 20.09.2022 in Form 10AB u/s.12A(1)(ac)(ii) is treated as infructuous, non-main ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the matter back to his file for fresh adjudication, either considering the subsequent application of assessee u/s.12A(1)(ac)(iii) of the Act or he can call a fresh application from the assessee. In term of the above, matter restored back to the file of the CIT(Exemption). 6. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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