STAR EDUCATIONAL TRUST,TIRUPPUR vs. CIT EXEMPTIONS, CHENNAI
What did the Tribunal hold?
The Tribunal restored the matter to the CIT(Exemptions) for fresh consideration. The assessee was directed to file a new application, and the CIT(Exemptions) was instructed to consider it on merits.
What were the facts?
The assessee's application for registration under Section 12A(1)(ac)(iv) was rejected by the CIT(Exemptions) for selecting the wrong section code. The assessee had previously been granted provisional registration.
What were the issues?
Whether the rejection of the registration application due to a wrong section code selection was justified, and if a fresh application should be considered.
Which sections of the Income-tax Act were involved?
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
आदेश / 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.
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.
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.
More judgments on Section 12A(1)(ac)(iv)
- Shreyans Charitable Foundation, Ahmedabad vs PCIT (Central), AhmedabadITA 2287/AHD/2026[NOT APPLICABLE]Status: Disposed29 Sept 2026
- Cyberverse Foundation, Mysuru vs Commissioner of Income Tax (Exemptions)…ITA 1769/BANG/2026[2025-26]Status: Disposed24 Jul 2026AY 2025-26
- Cyberverse Foundation, Mysuru vs Commissioner of Income Tax (Exemptions)…ITA 1768/BANG/2026[2025-26]Status: Disposed24 Jul 2026AY 2025-26
- Baba Budha Ji Foundation Trust, Chandigarh vs CIT Exemptions, ChandigarhITA 555/CHANDI/2026[2026-27]Status: Disposed2 Jun 2026AY 2026-27
- Baba Budha Ji Foundation Trust, Chandigarh vs Commissioner of Income Tax (Exemptions)…ITA 554/CHANDI/2026[2026-27]Status: Disposed2 Jun 2026AY 2026-27
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