DR B.R AMBEDKAR SEVA ANATHA ASHRAM,KALAHANDI, ODISHA vs. ITO, WARD- EXEMPTION, SAMBALPUR, SAMBALPUR, ODISHA

PDF · subscribers
ITA 155/CTK/2025Status: DisposedITAT Cuttack22 July 2025Bench: SHRI GEORGE MATHAN (Judicial Member), SHRI RAJESH KUMAR (Accountant Member)1 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal acknowledged that the assessee chose the wrong code for Section 12A registration. In the interest of justice, the issues were restored to the file of the Learned CIT (E) for re-adjudication and to allow the assessee an opportunity to rectify any mistakes.

What were the facts?

The assessee filed appeals against the orders of the Learned CIT (Exemption) denying registration under Section 12A and recognition under Section 80G. The assessee claimed that the wrong section code was inadvertently chosen during e-proceedings for the Section 12A registration and the CIT (E) did not allow rectification.

What were the issues?

Whether the assessee should be allowed to rectify the error in selecting the section code for registration under Section 12A, and consequently, whether the recognition under Section 80G should be considered.

Which sections of the Income-tax Act were involved?

Section 12A,Section 80G

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “CUTTACK” BENCH, CUTTACK

Before: SHRI GEORGE MATHAN, JM & SHRI RAJESH KUMAR, AM

For Appellant: Shri Sakshi Aggarwal, AR
For Respondent: Shri Ashim Kumar Chakraborty
Hearing: 22.07.2025Pronounced: 22.07.2025

O R D E R PER PENCH: These are two appeals filed by the assessee against the orders of the Learned CIT (Exemption) in DIN & Notie No. ITBA/EXM/F/EXM45/2024-25/1071108884(1) & ITBA/EXM/F/EXM45/2024-25/1071213023(1) dated 11.12.2024 & 13.12.2024 in respect of the registration under section 12A and recognition under section 80G.

2.

Shri Sakshi Aggarwal, represented on behalf the assessee and Shri Ashim Kumar Chakraborty, represented on behalf of the Revenue.

3.

It was submitted by the Learned AR that in respect of the registration under Section 12A, the Learned CIT (E) has denied assessee the registration on the ground that the request for grant of regular registration was made through e-proceedings and the wrong section

4.

In reply, the Learned CIT DR agreed to the proposal that the issues will be restored to the file of the Learned CIT (E) so that the assessee can rectify the defects.

5.

We have considered the rival submissions. As it is noticed that the assessee has chosen the wrong code for the registration under Section 12A, in the interest of justice, the issues in both these appeals are restored to the file of the Learned CIT (E) for re-adjudication and to grant the assessee adequate opportunity to rectify the mistakes, if any, in the application for registration under Section 12A. Subsequent to the issue of the registration under Section 12A, the issue of 80G is also to be considered by the learned CIT (E) after granting the assessee adequate opportunity of being heard.

6.

In the result, both the appeals are partly allowed for statistical purposes.

Order pronounced in the open court on 22.07.2025.

More judgments on Section 12A

All 6,064 judgments and leading authorities on Section 12A →

Recent GST High Court judgments

Search GST case law →