T.C. TRUST,CHENNAI vs. CIT, EXEMPTIONS,, CHENNAI

Brief facts of the case are that the assessee is a Public Charitable Trust and has filed Form No.10AB online on 29.08.2024 u/s 12A(1)(ac)(vi) B of the Act seeking registration u/s.12AB of the Act.

Before us, the ld. Counsel for assessee submitted that filing of Form 10AB in wrong section is a curable defect and an opportunity should have been granted by the CIT(E) to rectify the aforesaid defect before rejecting the same. He further submits that filing of Form 10AB in wrong section is a venial and technical breach. The ld.DR stated that no lenient view is to be taken in this case and prayed for dismissal of appeal.

We have heard the rival submissions and perused the record. We find that the Form No.10AB filed for seeking registration u/s.12AB of the Income Tax Act, 1961 has been rejected on the technical ground. As submitted by the counsel for the assessee that due to technical glitches only Form 10AB could be downloaded for filing. So, by inadvertent mistake, the assessee preferred application under wrong section. We further find that the assessee ought to have been granted Page - 2 - of 3 an opportunity to rectify the same but in this case none. Accordingly, in these peculiar facts of the case and in the interest of justice, the impugned order is set aside and the appeal is restored back to the file of Ld. CIT(E) with a direction to the ld. CIT(E) to allow an opportunity to the assessee to rectify the mistake in filing Form 10AB and thereafter, consider the same on merits as per law. The assessee is also directed to substantiate its application after rectifying the same.