9911796707
TMI Blog2024 (6) TMI 1128X X X X Extracts X X X X X X X X Extracts X X X X ..... er made a technical mistake in applying u/s.12A(1)(ac)(ii) instead of 12A(1)(ac)(iii) of the Act. It was informed to the Bench by the ld.counsel for the assessee that even now the assessee has filed fresh Form No.10AB seeking registration u/s.12A(1)(ac)(iii) of the Act, which can also be considered. In our view, the same purpose will be served by adjudicating the same application. Hence, we set aside the order of CIT(Exemption) and remand 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). Appeal filed by the assessee is al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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)(ii) of the Act, as infructuous and non-maintainable and rejected on technical ground without affording opportunity to rectify the application. 4. Brief facts are that the assessee trust was created on 21.09.2021 as a charitable trust for providing relief to the poor and to provide education and medical relief. The assessee filed application for registration in Form No.10A u/s.12A(1)(ac)(ii) of the Act on 30.05.2022 and consequently, Form No.10AC was issued on 20.06.2022 granting provisional registratio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stration 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-maintainable and hence, the same is rejected for statistical purpose. However, no adverse inference is drawn against the applicant's existing and valid registration, if any, as per law u/s. 12AB. Aggrieved, assessee came in appeal before the Tribunal. 5. After hearing both the sides and going through the facts, it is noted that the assessee has simpliciter made a technical ..... X X X X Extracts X X X X X X X X Extracts X X X X
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