VALAPET RAMASWAMY IYENGAR TRUST,CHENNAI vs. CIT, EXEMPTIONS,, CHENNAI

We find that this appeal was filed with a delay of 213 days. The assessee filed an affidavit accompanied by a petition explaining the reasons. On perusal of the same and upon hearing both the parties, we find that the reasons explained by the assessee are bona fide, which really prevented the assessee from filing the appeal in time. Thus, the delay of 213 days is condoned.

At the outset, it is noted that the ld. AR, Mr. J. Saravanan, Advocate, sought remand to the ld. CIT(E) in view of the wrong sub- section mentioned while applying for registration under section 12AB of the Income-tax Act, 1961 (for short, "the Act"). It was submitted that the assessee filed Form AC on 15.08.2023 under section 12A(1)(ac)(iv); however, it is required to be filed under clause (iii) of section 12A(1)(ac), and submits that this Tribunal has consistently been giving opportunity to the assessee to rectify the said mistake by remanding the matter to the file of the ld. CIT(E).

Ld. DR, Ms. R. Anita, CIT, did not dispute the same.

Considering the facts and circumstances of the case, we find force in the arguments of the ld. AR that this Tribunal has consistently been involving such mistake in mentioning clause (iv) instead of clause (iii) of section 12A(1)(ac) of the Act. We deem it proper to remand the matter to the file of the ld. CIT(E) for his fresh consideration in allowing the assessee to rectify such mistake. The assessee is at liberty to rectify the said mistake. Thus, the grounds raised by the assessee are allowed for statistical purposes.

In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced on 8th July, 2026 at Chennai.