9911796707
TMI Blog2025 (3) TMI 24X X X X Extracts X X X X X X X X Extracts X X X X ..... ong with the application. Accordingly, the Ld. CIT(E) had issued a show cause notice to the assessee to rectify this defect, which was not complied. Therefore, he had rejected the application for registration u/s.12A of the Act. It is found that the provision of section 12A(1)(ac)(iii) of the Act has since been amended w.e.f. 01.10.2024 as per which the registration u/s.12A of the Act can be allowed on the basis of provisional approval u/s 10(23C)(vi) of the Act. We deem it proper to set aside the matter to the file of the Ld. CIT(E) with a direction to allow another opportunity of being heard to the assessee to rectify the defect in the application as noticed by him. The Ld. CIT(E) is also free to consider the application of the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ehulkumar Maheshkumar Shah to make compliance in respect of the application filed by the Trust before the Ld. CIT(E). The said Accountant had made a mistake in filing the applications and due to his mistake the applications were rejected. Thereafter, the matter was assigned to the Accountant to co-ordinate with the Chartered Accountant for filing appeal against the order of the Ld. CIT(E). The said Chartered Accountant left for his native place and neither contacted the Chartered Accountant nor filed the appeal before the Tribunal. On mere enquiry with his personal friends, the Accountant was of the opinion that no appeal was required to be filed in the matter. As the Accountant had left for his native place in Uttar Pradesh, he could not b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as not complied. As a result, the Ld. CIT(E) had rejected the application for registration u/s.12A of the Act by noting that in the absence of the copy of provisional registration granted u/s12A(1)(ac)(vi) of the Act, the application was non-maintainable. Further, the application for approval u/s.80G(5) of the Act was also rejected in the absence of a valid registration u/s.12A of the Act. 4. Ms. Urjita Shah, Ld. AR appearing for the assessee submitted that no compliance could be made before the Ld. CIT(E) due to fault of the Accountant which has been explained in the affidavit filed by the assessee. It was explained that the provisional registration granted u/s 10(23C)(vi) of the Act in Form No. 10AC was wrongly filed by the Accountant wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act in Form No. 10AC along with the application. Accordingly, the Ld. CIT(E) had issued a show cause notice to the assessee to rectify this defect, which was not complied. Therefore, he had rejected the application for registration u/s.12A of the Act. 8. It is found that the provision of section12A(1)(ac)(iii) of the Act has since been amended w.e.f. 01.10.2024 as per which the registration u/s.12A of the Act can be allowed on the basis of provisional approval u/s 10(23C)(vi) of the Act. The amended sub-clause (iii) of section 12A(1)(ac) is found to be under: (iii) where the trust or institution has been provisionally registered under section 12AB 93[or provisionally approved under sub-clause (iv) or sub- clause (v) or sub-clause (vi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
