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Facts
The assessee filed an application for registration under Section 12AB after provisional registration. The CIT(Exemptions) rejected the application as belated. The assessee's counsel argued that the CBDT had extended the due date for filing such applications.
Held
The Tribunal noted that the CBDT had extended the due date for filing Form 10AB till 30.6.2024. The assessee's case was covered by this extension, and therefore, the matter should be reconsidered by the CIT(Exemptions).
Key Issues
Whether the rejection of registration under section 12AB for belated filing was justified, considering the extended due date provided by the CBDT.
Sections Cited
12AB, 12A(1)(ac)(iii), 10(23C), 80G, 35
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Income Tax Appellate Tribunal, “B” BENCH : BANGALORE
Before: SMT. BEENA PILLAI & SHRI LAXMI PRASAD SAHU
Per Laxmi Prasad Sahu, Accountant Member
This appeal is filed by the assessee against the order dated 02.04.2024 of the CIT(Exemptions), Bangalore rejection registration u/s. 12AB.
The brief facts are that provisional registration u/s. 12AB was granted in Form 10AC dated 24.09.2021 for AY 2022-23 to 2024-25 and the assessee filed application in Form 10AB dated 31.10.2023 for registration u/s. 12AB of the Act for regularization. The CIT(Exemptions) noted that the application in form 10AB was filed belatedly by the assessee as per section 12A(1)(ac)(iii) of the Act and denied registration u/s 12AB of the Act.
The ld. AR submitted that the CBDT has extended the due date for filing Form 10A/10AB vide press release dated 25.04.2024 till 30.6.2024. He therefore submitted that the issue should be sent back to CIT(Exemptions) for fresh consideration.
The ld. DR relied on the orders of lower authorities.
After hearing both the sides, we note that the CBDT has extended the due date till 30.6.2024 for filing Form 10AB vide Press release dated 25.4.2024 which is as under:-
From the above, it is clear that the assessee’s case is covered by the above CBDT press release. Therefore, the matter is remitted back to the ld. CIT(Exemptions) for fresh consideration and decision as per law.
In the result, the appeal is allowed for statistical purposes.