VIVEKANANDA EDUCATIONAL TRUST,THIRUVALLLUR vs. CIT EXEMPTIONS, CHENNAI

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ITA 1032/CHNY/2024Status: DisposedITAT Chennai24 June 2024Bench: HON’BLE SHRI ABY T. VARKEY, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL (Accountant Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the matter to the CIT(Exemptions) for a fresh application to be considered. The assessee was advised to file a new application as per a recent CBDT circular extending the deadline.

What were the facts?

The assessee's application for registration under Section 12A(1)(ac)(iv) was rejected by the CIT(Exemptions) because they selected the wrong sub-section. The assessee had previously been granted provisional registration.

What were the issues?

Whether the rejection of the registration application was justified due to a technical error in selecting the sub-section, and if a fresh application should be considered.

Which sections of the Income-tax Act were involved?

Section 12A(1)(ac)(iv),Section 12A(1)(ac)(iii)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, CHENNAI

Before: HON’BLE SHRI ABY T. VARKEY, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aggrieved by rejection of an application filed in Form No.10AB for registration u/s 12A(1)(ac)(iv) vide impugned order dated 23-03-2024, the assessee is in further appeal before us. The Ld. CIT (Exemptions) rejected the application as non-maintainable since the assessee selected Section Code 12A(1)(ac)(iv) instead of 12A(1)(ac)(iii) whereas the assessee was already granted provisional registration for 3 years. Consequently, the provisional registration was also canceled as per statutory provisions. Aggrieved, the assessee is in further appeal before us.

2.

The Ld. CIT(E) was present during hearing and brought to the notice recent CBDT Circular No.07/2024 dated 25-04-2024 wherein the time limit to file such applications have been extended up-to 30-06-2024. Accordingly, Ld. CIT(E) stated that the assessee has sufficient time to prefer a new application.

3.

Accepting the aforesaid submissions, we restore the matter of registration back to the file of Ld. CIT(E). The assessee may prefer fresh application as per stated circular. Thereafter, Ld. CIT(E) may consider any one of the applications of the assessee on merits, as the system / software permits. The assessee is directed to substantiate its application. 4. The appeal stand allowed for statistical purposes. Order pronounced on 24th June, 2024.

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