SADARSH CHARITABLE FOUNDATION,MUMBAI vs. COMMISSIONER OF INCOME TAX (EXEMPTIONS), MUMBAI, MUMBAI

The assessee has raised the following grounds of appeal: “1. On the facts and circumstances of the case and law, the Ld. Commissioner of Income Tax-(Exemption), Mumbai erred in rejecting the application filed in form 10AB without issuing show cause notice which is against the principle of natural justice and bad in law. 2. On the facts and circumstances of the case and law, the Ld. Commissioner of Income Tax-(Exemption), Mumbai erred in rejecting the application of the appellant for registration under Section 12AB of the Income Tax Act, 1961 merely on the grounds that appellant has filed an application for regularization u/s 12A(1)(ac)(ii) instead of filing u/s 12A(1)(ac)(iii) of the Income Tax Act, 1961 without considering the fact the CIT(E) has inherited power to rectify the typo error in filling application. 3. On the facts and circumstances of the case and law, the Ld. Commissioner of Income Tax-(Exemption), Mumbai erred in rejecting the application of the appellant for registration under Section 12AB of the Income Tax Act, 1961 for the reason that as per the object of the MOA, the appellant intends to apply funds outside India which is in violation of section 11 of the Income Tax Act, 1961. However, the appellant has made amendment in its memorandum of association before the