RAMKRISHNA MANDAL INSTITUTE OF EDUCATION. ,HOWRAH vs. CIT(EXEMPTIONS), KOLKATA. , KOLKATA

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ITA 924/KOL/2023Status: DisposedITAT Kolkata20 February 2024Bench: Shri Sanjay Garg (Judicial Member), Dr. Manish Borad (Accountant Member)3 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that there is no bar on filing the application for final registration before the expiry of six months from the provisional registration period. The application should be made at the earliest possible event, which is expected from the assessee.

What were the facts?

The assessee's application for final registration under Section 12A(1)(ac)(iii) of the Income Tax Act was rejected by the CIT (Exemptions) as premature. The CIT noted that the assessee already had provisional registration valid until AY 2026-27.

What were the issues?

Whether an application for final registration under Section 12A(1)(ac)(iii) is premature if filed before the expiry of the provisional registration period.

Which sections of the Income-tax Act were involved?

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

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH KOLKATA

order : February 20, 2024 आदेश / ORDER संजय गग�, �या�यक सद�य �वारा / Per Sanjay Garg, Judicial Member: The present appeal has been filed by the assessee against the rejection of his application for final registration u/s 12A(1)(ac)(iii) of the Income Tax Act (hereinafter referred to as the ‘Act’).

2.

The ld. CIT(Exemptions) has rejected the application holding the same to be prima facie not maintainable being premature. The ld. CIT(Exemptions) observed that the assessee earlier was granted provisional registration in Form 10AC which was valid till A.Y 2026-27. He, therefore, held that the application of the assessee being premature was not maintainable and rejected the same. Being aggrieved by the above order of the ld. CIT(Exemptions), the assessee has come in appeal before us. Ramkrishna Mandal Institute of Education 3. We have heard the rival contentions and gone through the record. The assessee-institution has been granted registration u/s 12AB(1)(a) of the Act for five years vide order dated 28.05.2021 which is valid from A.Y 2022-23 to A.Y 2026-27. As per the provisions of section 12A(1)(ac)(iii) of the Act, the assessee-institution is supposed to apply for final registration after grant of provisional registration u/s 12AB of the Act. The relevant part of the provisions of section 12A(1)(ac) of the Act is reproduced as under:

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