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