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TMI Blog2025 (2) TMI 570X X X X Extracts X X X X X X X X Extracts X X X X ..... f Ld. Commissioner of Income-tax (Exemption) dated 28.07.2023. 1.1. It has been pleaded in the present Miscellaneous Application that the assessee Trust was an existing charitable Trust u/s 12A of the Income Tax Act, 1961 (in short the 'Act') before 01.04.2021 and the assessee had applied for fresh registration u/s 12A(1)(ac)(i) of the Act and fresh registration was granted vide Form no. 10AC issued on 06.04.2022 which was valid up to AY 2026-27. However, the assessee again applied for registration u/s 12A(1)(ac)(iii) of the Act, which was rejected by the CIT (Exemptions), Kolkata observing that the registration of the assessee was valid till AY 2026-27 and there was no need to apply again. However, the assessee filed appeal before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e accordingly applied for registration u/s 12A(1)(ac)(i) of the Act the said application of the assessee was allowed on 06.04.2022. However, both the assessee as well as the ld. CIT (Exemption) have misconstrued the provisions and were of the view that the said registration was a provisional registration and that the assessee was supposed to apply for final registration. A perusal of the certificate granted in Form no. 10AC by the ld. CIT (Exemption) dated 06.04.2022 reveals that ld. CIT (Exemption) mentioned in the title "Order for provisional registration" and even in column 9 of the said registration the ld. CIT (Exemption) has expressly mentioned that it was an order of provisional registration. The assessee/appellant under the circumst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anted to the assessee was provisional and further in the impugned order dated 09.01.2024 has rejected the application of the assessee for final/regular registration stating the same as to be premature, hence, under the circumstances, the assessee had come in appeal before us against the said rejection. This Tribunal under the circumstances as narrated above, directed the ld. CIT (Exemption) to consider the application of the assessee for final registration. 2.3. However, Ld. CIT, DR pointed out that this issue has been resolved by the Board by issuance of a Circular bearing No. 11 of 2022 on 3rd June, 2022. The Board has clarified as under:- "5. In view of the above, it is hereby clarified that,- (i) the conditions contained in Form N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 03, 04, 05, 06 or 11 (applications seeking re-approval),- (i) in the heading and in rows 6, 7, 9 and 10 the words, "provisional approval" shall be read as "approval"; (ii) in row 8 the word "provisionally approved" shall be read as "approved"; (iii) row no 5 of Form No. 10AC (issued for all section codes) shall be read as "Unique Registration Number" instead of "Provisional Approval/ Approval Number" or "Provisional Registration/ Registration Number", as the case maybe". He pointed out that under sub-clause (ii) of clause 5 of this Circular, it has been contemplated that where due to technical glitches, Form No. 10AC has been issued during FY 2021- 2022 with the heading "Order for provisional registration" or " Order for provis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid developments before this Tribunal. Therefore, the impugned order of the Tribunal dated 09.01.2024 passed in ITA No. 1018/KOL/2023 is hereby recalled. ITA No. 1018/Kol/2023 3. In view of the above facts and circumstances of the case as narrated above while adjudicating M.A. No.: 35/KOL/2024, the present appeal of the assessee is not maintainable as the assessee has already been granted final/regular registration u/s 12A(1)(ac)(i) read with Section 12AB(1)(a) of the Act which is valid up to AY 2026-27. Therefore, there is no requirement of applying for final registration. The present appeal of the assessee, thus, is infructuous and not maintainable and the same is accordingly dismissed. However, it is made clear that the dismissal of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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