AGRAGATI,HOWRAH vs. CIT(EXEMPTIONS), KOLKATA. , KOLKATA

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ITA 923/KOL/2023Status: DisposedITAT Kolkata25 January 2024Bench: Shri Rajpal Yadav, Vice-President (KZ), Dr. Manish Borad (Accountant Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that provisional registration and regular registration under Section 12A are distinct. Therefore, the matter was sent back to the CIT(Exemptions) for re-adjudication of the assessee's application for regular registration.

What were the facts?

The assessee's claim in Form 10AD was rejected by the CIT(Exemptions) because its registration in Form 10AB was still valid. The assessee appealed this decision.

What were the issues?

Whether the CIT(Exemptions) erred in rejecting the assessee's application for registration based on a valid provisional registration, and whether provisional and regular registrations are mutually exclusive.

Which sections of the Income-tax Act were involved?

Section 12A,Section 12AB

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH, KOLKATA

Before: Shri Rajpal Yadav, Vice-(KZ) & Dr. Manish Borad

Per Rajpal Yadav, Vice-President (KZ):- The present appeal is directed at the instance of assessee against the order of ld. Commissioner of Income Tax AGRAGATI (Exemptions), Kolkata dated 06.07.2023 passed under section 12A of the Income Tax Act.

2.

With the assistance of ld. Representatives, we have gone through the record carefully. It emerges out that ld. CIT(Exemptions) has rejected the claim of the assessee in Form 10AD by holding that registration in terms of Form 10AB is still valid. It is pertinent to observe that provisional registration is a separate aspect than grant of regular registration under section 12A(i)(ac), sub-clause (iii) of the Income Tax Act. Therefore, this issue is remitted back to the file of ld. CIT(Exemptions) for re- adjudication of the application of the assessee for grant of regular registration in Form under section 12AB(1)(ac)(iii) of the Income Tax Act.

3.

In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open Court on 25/01/2024.

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