KALYAN,PURULIA vs. CIT(EXEMPTIONS), KOLKATA. , KOLKATA

This appeal of the assessee is directed against the order dated 29.07.2023 passed by CIT (Exemptions).

Brief facts of the case are that the assessee has filed an application u/s 12A(1)(ac)(iii) of the Act in Form 10AB before ld. CIT(E), Kolkata. However, application of the assessee filed before CIT(E) was rejected by citing that the application filed by the assessee was premature and non-maintainable as earlier order has been passed in Form 10AC is still valid till 2026-2027.

Aggrieved by the above order, assessee is in appeal before this Tribunal stating that the impugned order passed by the ld. CIT(E) erred in law and fact by which not granting any benefit in respect of permanent registration as claimed u/s 12AB of the Act by assessee before him merely by quoting that application of the assessee was premature as earlier order Form 10AC is still valid till A.Y. 2026-2027. The ld. AR therefore, prayed before the bench as the assessee complied necessary rule 17A of the Income Tax Rule, 1962 for application along with requisition documents and 2 Kalyan also complied the necessary requisite as stated in section 12AB(1)(b)(i) prescribed time to time for registration u/s 12A(1)(ac)(iii) of the Income Tax Act. However, the claim of the assessee was turned down by CIT(E). Therefore, the ld. AR prayed before the bench stating that direction may be given to the CIT(E) for grant of permanent registration to the assessee u/s 12AB of the Act as against the decision passed by ld. CIT(E) against the assessee.

On the other hand, ld. DR supported the decision passed by the ld. CIT(E).

We after hearing the rival submission of the parties and perused the material available on record and find it necessary to direct the ld. CIT(E) to reconsider the application of assessee for permanent registration filed u/s 12AB of the Act in accordance with law after giving necessary opportunity of being heard to the assessee. In terms of above, the appeal of the assessee is allowed for statistical purposes.

In the result, the appeal of the assessee is allowed for statistical purposes.