9911796707
TMI Blog2025 (3) TMI 655X X X X Extracts X X X X X X X X Extracts X X X X ..... Year 2025-26. Thereafter, the assessee filed an application in form 10AB on 14/11/2023 for permanent registration and also enclosed the various documents which are required for, under the provisions of the Act. The Ld.CIT(E) after going through the said application had issued a show cause notice informing the assessee trust that they have obtained provisional registration u/s. 12A(1)(ac)(vi) of the Act in form 10AC on 28/02/2023 whereas the present application for registration was filed u/s. 12A(1)(ac)(iv) of the Act instead of filing the application under the correct provision 12A(1)(ac)(iii) of the Act and informed that the present application is filed under the wrong provision. The assessee filed their reply on 06.05.2024 in which they ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he department originally considered the application filed by the assessee for provisional registration u/s. 12A(1)(ac)(vi) of the Act and after satisfying themselves, the provisional registration was granted. Thereafter, the assessee trust also complied with the conditions mentioned in the provisional registration and also no violation has been pointed out by the authorities. In such circumstances, the assessee applied for registration in form 10AB. The only mistake pointed out by the Ld.CIT(E) is that the assessee had not chosen the correct provision and therefore he has rejected the application filed in form 10AB. It is also to be noted that the assessee had properly audited their books of accounts and all the financial statements were al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the revised application filed by the assessee incorporating the correct Section code. Needless to mention that proper opportunity of being heard should be provided to the assessee. The assessee is also directed to remain vigilant and file necessary documents, if considered necessary, in support of its grounds of appeal and should not take adjournment, unless otherwise required for reasonable cause. In case after providing sufficient opportunity to the assessee, there is no compliance by the assessee, then ld. CIT (Exemption) can pass a speaking order in accordance with law. Accordingly, all the grounds of appeal raised by the assessee are allowed for statistical purposes." 8. We have also perused the order of the Surat Tribunal reported ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is accepted and the order of Id CIT(E) is set-aside. The registry official of Id CIT(E) maintaining record of ITBA portal about the registration of trust under section 12A/12AB is directed either to correct such mistake or allow the assessee to rectify or amend the relevant clause/ sub-clause of section 12A(1). Considering the fact that the application of assessee was not considered on merit, therefore, we deem it appropriate to direct the Id. CIT(E) to treat the application of assessee under Section 12A(1)(ac)(iii) in place of Section 12A(1) (ac)(iv) of the Act and to consider the case on merit and pass the order in accordance with law. Needless to direct that before passing the order, the id CIT(E) shall grant opportunity of hearing to th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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