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Income Tax Appellate Tribunal, “A” BENCH, CHENNAI
Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
आयकर अपीलीय अिधकरण “ए” �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, CHENNAI माननीय �ी महावीर िसंह, उपा�� एवं माननीय �ी मनोज कुमार अ�वाल ,लेखा सद� के सम�। BEFORE HON’BLE SHRI MAHAVIR SINGH, VP AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपीलसं./ Rotary Club of Chennai Mitra CIT(Exemptions) Charitable Trust Chennai. बनाम/ Vs. Flat No.9, No.14, Shree Apartments, II Main Road, R A Puram, Chennai – 600 028. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AACTR-6754-Q (अपीलाथ�/Appellant) : (��थ� / Respondent) अपीलाथ� कीओर से/ Appellant by : Shri J. Saravanan (Advocate)-Ld.AR ��थ� की ओर से/Respondent by : Shri Nilay Baran Som (CIT)-Ld. CIT. DR सुनवाई की तारीख/Date of Hearing : 21-05-2024 घोषणा की तारीख /Date of Pronouncement : 21-05-2024 आदेश / O R D E R PER BENCH
Aggrieved by rejection of an application filed in Form No.10AB seeking registration u/s 80G(5)(ii) by Ld. Commissioner of Income Tax (Exemption) vide impugned order dated 16-11-2023, the assessee is in further appeal before us. The application has been rejected on the technical ground that the assessee failed to obtain Form No.10AC which was pre-requisite to apply under this clause. Aggrieved, the assessee is in further appeal before us. The registry has noted a delay of 64 days in the appeal which stand condoned.
The Ld. AR has submitted that, by inadvertent mistake, the applicable clause was picked as clause (ii) instead of clause (iii). The Ld. AR, therefore, submitted that the application may be considered under correct clause (iii).
Accepting the aforesaid submissions, we direct Ld. CIT(E) to consider the aforesaid application under applicable clause and adjudicate the application on merits. The assessee is directed to substantiate the same. 4. The appeal stands allowed for statistical purposes. Order pronounced on 21st May, 2024.