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Facts
The assessee sought registration under Section 12A of the Income Tax Act. The CIT(Exemptions) rejected the application on the grounds that the assessee had inadvertently applied for renewal of registration instead of fresh registration.
Held
The Tribunal held that the mistake was inadvertent and allowed the assessee an opportunity to rectify the error. The CIT(E) was directed to decide the issue of registration afresh after giving a reasonable opportunity of being heard.
Key Issues
Whether the inadvertent mistake in applying for renewal instead of fresh registration under Section 12A should be allowed to be rectified.
Sections Cited
12A, 12A(1)(ac)(ii)
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Income Tax Appellate Tribunal, “G” BENCH, MUMBAI
Before: SHRI SAKTIJIT DEY, HON’BLE & SHRI NARENDRA KUMAR BILLAIYA, HON’BLE
O R D E R
PER NARENDRA KUMAR BILLAIYA, AM:
This appeal by the assessee is directed towards the order dated 31/07/2024 by which the ld. CIT(Exemptions) [hereinafter ‘the ld. CIT(E)’], has rejected the application of the assessee seeking registration u/s 12A of the Act.
Having heard rival submissions, we have carefully perused the impugned order. The only reason for rejecting the application is that the assessee has inadvertently applied u/s 12A(1)(ac)(ii) of the Act which is for renewal of registration. 3. Before us, the ld. Counsel for the assessee stated that the mistake was inadvertent and in fact, the application was for regularization of provisional registration.