9911796707
TMI Blog2024 (6) TMI 1400X X X X Extracts X X X X X X X X Extracts X X X X ..... stated that Ld. ITAT has considered the similar issue in which the Ld. CIT (E) order was set aside by the ITAT Chennai Bench. As contended the appellant has committed a technical mistake in making the application u/s 12A(1)(ac)(ii) instead of clause (iii) of clause (ac) of sub-section (1) of section 12A of the Act. As pointed out the appellant has filed revised form 10AB for seeking registration under the correct provision i.e. Section 12A(1)(ac)(iii) which can also be considered. In consonance with the decision rendered by the co-ordinate Bench, the typographical error deserves to be corrected. Accordingly, the appeal deserves to be allowed and impugned order dated 15.03.2024 of CIT (E) is liable to be set aside. Hence, the appeal is allow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1)ac (ii) of the Act. 3. Aggrieved by this order, the appellant has filed the appeal by raising the following grounds :- 1. That the learned CIT (Exemption) has erred both on facts and in law in not granting registration to the appellant Trust (which has been existing since 14.01.1975 and had duly been granted registration u/s 12A of the Act throughout) on the mere ground that in the application made in Form No. 10AB of the Income Tax Rules, section 12A(1)(ac) (ii) of the Income Tax Act had inadvertently been typed on account of typographical error instead of section 12A(1)(ac)(iii) of the Act. 2. That the learned CIT (Exemption) has further failed to appreciate that on 04.03.2024, it had duly been submitted in writing that the said typogr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s in the instant case similar error had not been condoned. 4. We have heard both the parties and perused the material available on the record. The Ld. Senior Counsel submitted that the appellant is a charitable trust and was established on 31.03.1958. He also submitted that trust has filed form 10AB on 30.09.2023 however, inadvertently due to typing error in column No. 2 was mentioned as 01-Sub-Clause(ii) of clause (ac) of Sub-section (1) of section 12A had been typed instead of clause (iii) of clause (ac) of section (1) of section 12A of the Act. He submitted that appellant has filed duly rectified revised form 10AB of the Act but application was rejected by the Ld. CIT(E). 5. Reliance was placed on the order of the Income Tax Appellate Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant has filed the duly rectified application on the prescribed form 10AB. The Ld. CIT(E) without considering the revised application of the appellant rejected it on the technical ground. The Ld. Sr. Counsel for the appellant also stated that Ld. ITAT has considered the similar issue in which the Ld. CIT (E) order was set aside by the ITAT Chennai Bench. 8. As contended the appellant has committed a technical mistake in making the application under Section 12A(1)(ac)(ii) instead of clause (iii) of clause (ac) of sub-section (1) of section 12A of the Act. As pointed out the appellant has filed revised form 10AB for seeking registration under the correct provision i.e. Section 12A(1)(ac)(iii) which can also be considered. 9. In consonance ..... X X X X Extracts X X X X X X X X Extracts X X X X
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