9911796707
TMI Blog2024 (7) TMI 699X X X X Extracts X X X X X X X X Extracts X X X X ..... rse of the proceedings before the Id. CIT (Exemption) an objection was raised that the registration of even the Companies registered under the Companies Act, 2013, will be required to be registered under the Rajasthan Public Trust Act, 1959 HELD THAT:- The assessee is registered under the Companies Act 2013. By wrong advised the assessee had withdrawn the application of registration u/s 12AB of the Act, for pursuing registration under Rajasthan Public Trust. Finally, the assessee came to know that the state registration is not required if the trust registered under the Companies act. The assessee requests to restore the application of registion u/s 12AB of the Act. AR fully relied on the Circular No. 14(XL-35) of 1955 dated 11/04/1955 that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts and circumstances of the case and in law, the Ld. Commissioner of Income Tax (Exemption) Jaipur has erred in cancel the application for registration U/s 12AB of the Income Tax Act, 1961, whereas the assessee was under the honest belief that the objection raised by the Ld CIT that registration is required under the Rajasthan Public Trust act 1959 is valid and therefore withdrew the application, where as no registration was required as per various notification and therefore the order of the Ld. CIT(Exemption) is bad in law illegal and proceedings U/s 12A deserves to be restore. 3. The appellant prays for Justice and the appeal deserve's to be allowed. 4. The appellant craves leave to add, alter, amend and modify any grounds of appeal o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... han Public Trust Act. 1.4. The appellant was under the mistaken belief that since the objection was raised by the Id. CIT (Exemption) and the registration under the Rajasthan Public Trust was not made, it was submitted that the appellant would reapply for registration after seeking necessary registration under the Public Trust Act. The copy of such 1.5. However since the said registration is not required, the appellant pray that the order of Id. CIT Exemption on the basis of withdrawal application under the misconception of law deserves to be set aside and the application filed by the appellant deserves to be decided on merits of the case. 1.6. The appellant also places reliance on the Circular No. 14(XL-35) OF 1955 dated 11th April, 1955 w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owledgement no. 567774300290922 dated 29.09.2022 and drop the above proceedings. 03. In the light of the above facts and applicant s request to withdraw the aforementioned application for registration u/s 12AB, the applicant s application for registration u/s 12AB applied under section 12A(1)(ac)(iii) is rejected. 5. We heard the rival submission and considered the documents available in the record. The assessee is registered under the Companies Act 2013. By wrong advised the assessee had withdrawn the application of registration u/s 12AB of the Act, for pursuing registration under Rajasthan Public Trust. Finally, the assessee came to know that the state registration is not required if the trust registered under the Companies act. The asses ..... X X X X Extracts X X X X X X X X Extracts X X X X
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