9911796707
TMI Blog2025 (1) TMI 1473X X X X Extracts X X X X X X X X Extracts X X X X ..... the IT Act on 28.03.2024. With a view to verify the genuineness of the activities of the assessee and compliance to requirement of any other law for the time being in force by the trust/institution as are material for the purpose of achieving its objects, a notice was issued on 21.05.2024 through ITBA portal requesting the assessee to upload various information detailed in notice. In compliance to the above notice, desired information was furnished by the assessee trust. Ld. CIT, Exemption, Pune found that the application was furnished u/s 12A(1)(ac)(vi)(B) of the IT Act and the assessee trust has claimed exemption u/s 11 of the IT Act, therefore said provisions of section 12A(1)(ac)(vi)(B) is not applicable in the assessee's case, accordi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to allow the appeal of the assessee. Ld. AR further relied on another decision of the Co-ordinate Bench of this Tribunal in the case of Raj Krishan Jain Charitable Trust in ITA No.1553/Del/2024 order dated 05.06.2024, wherein under similar circumstances, the Tribunal was pleased to allow the appeal of the assessee. Accordingly, Ld. AR requested before the Bench to set-aside the order passed by Ld. CIT, Exemption, Pune and further requested to direct him to consider the application as filed under clause (iii) of section 12A(1)(ac) of the IT Act. 4. Ld. DR appearing for the Revenue relied on the order passed by Ld. CIT, Exemption, Pune and requested to confirm the same. 5. We have heard Ld. Counsels from both the sides and perused the mater ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all for amended application from the appellant. 11. In the result, the appeal filed by the assessee is allowed for statistical purpose." 6. Respectfully following the above decision passed by the Co- ordinate Bench of this Tribunal (supra), we find force in the arguments of Ld. Counsel of the assessee that Ld. CIT, Exemption, Pune erred in dismissing the application for registration merely on a technical ground and accordingly we deem it proper to set-aside the order passed by Ld. CIT, Exemption, Pune and direct him to treat the application already filed by the assessee as under clause (iii) of section 12A(1)(ac) of the IT Act instead of under clause (vi) of section 12A(1)(ac) of the IT Act and decide the same as per fact and law after ..... X X X X Extracts X X X X X X X X Extracts X X X X
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