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Income Tax Appellate Tribunal, [ DELHI BENCH: ‘A’ NEW DELHI ]
Before: SHRI ANIL CHATURVEDI & SHRI YOGESH KUMAR U.S.
PER YOGESH KUMAR U.S., JM
This appeal is filed by the assessee against the order dated 30/09/2022
passed by the Income Tax Department, CIT (Exemption)- Delhi, (hereinafter
referred to ‘CIT(E)’ for Assessment Year NIL.
The assessee has raised the following Concise grounds of appeal:-
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“1. The order u/s 12AB(1)(b)(ii)(B) of the Income-tax Act, 1961 passed by the Ld. CIT(Exm.), Delhi rejecting the application filed u/s 12A(1)(ac) is arbitrary and unjust as the same is passed without properly appreciating the documents submissions e-filed in proceedings and also physically before his office on 22.09.2022.
The Ld CIT(Exm.) has erred in not considering the fact that the appellant is a registered society u/s 12A(a) and eligible for automatic re-registration for five years u/s 12AB(1)(a) r.w.s. 12A(1)(ac)(1) of the Act, while arbitrary rejecting the application
The Ld. CIT(Exm.) has failed to appreciate the request of the appellant to rectify the bona fide defect/mistake occurred during e- filing application Form which corrected by filing duly signed Form 10A along with rectification and condonation request in proceedings before him.
The Ld CIT(Exm.) has rejected the application arbitrary despite the fact that the dual conditions provide in section 12AB(1)(b)(1) of the Act, (A) the genuineness of activities of the society and (B) the compliance of such requirements of any other law for the time being in force and material for the purpose achieving its object, were fulfilled for his satisfaction, even for passing the order u/s 12AB(1)(b) of the Act.
The Ld CIT(Exm.) has completely brushed aside and disregarded the material evidence placed on record of the proceedings and fact that the appellant was genuinely conducting its activities strictly in accordance with its objects from last number of years and duly complied with all the necessary requirements of any other law and already registered u/s 12A(a), filing ITR
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regularly. Therefore appellant deserves for grant of re- registration u/s 12AB(1)(a) of the Act for five years.
That in any view of the facts and circumstances of the case and law the appellant is entitled for grant of re-registration u/s 12AB(1)(a) r.w.s. 12A(1)(ac)(i) of the Act, which be kindly granted in the interest of natural justice.
The appellant craves leave to add, amend, alter, remove, rescind, forgo or withdraw any of the above grounds of appeal which are without prejudice to one another before or at the time of hearing of the appeal in the interest of natural justice.”
Brief facts of the case are that, the assessee e-filed an application for
registration u/s 12A(1) (ac) of the Income Tax Act, (‘Act’ for short), but while
selecting the Form 10A, the assessee wrongly selected Form 10AB. The CIT(E)
while considering the application filed by the assessee u/s 12A(1)(a) of the Act,
rejected the same for wrongly uploading the Form vide order dated
30/09/2022. Aggrieved by the order dated 30/09/2022, the assessee is before
us by way of appeal on the grounds mentioned above.
The Ld. Counsel for the assessee filed written submission in detail and
submitted that the assessee inadvertently clicked and selected Form No. 10AB
instead of Form No. 10A which resulted in rejection of the Application. The
Assessee is legally entitled for re-registration as per the provision of Section
12A(1)(ac) of the Act. Thus, Ld. Assessee's Representative submitted that the
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matter may be remanded to the file of CIT(E) Delhi to consider the case of the
assessee de-novo.
The Ld. Departmental Representative submitted that though the
uploading of Form 10AB instead of 10A is an error of the Assessee, the same
cannot be rectified by the CIT(E), therefore, justified the action of the CIT(E) in
rejecting the application filed u/s 12A(1)(ac) of the Act.
We have heard the parties and perused the material available on record.
It is not in dispute that the assessee had submitted an online application on
24/03/2022 for registration u/s 12A(1)(ac) of the Act, but due to inadvertent
mistake of the Assessee selected Form 10B instead except of Form 10A which
ultimately resulted in rejection of the Application by the CIT(E). Further it is
also found that the assessee had filed signed Form 10A along with the
submission dated 22/09/2022 wherein submitted that it was a bonafide
mistake on the part of the assessee in selecting of Form 10AB instead of Form
10A and requested to accept the Form 10A.
By considering the above facts and circumstances we deem it fit to
condone the delay and permit the assessee to file a fresh Form 10A within a
period of 30 days from the date of receipt of these order and if such Form 10A
is field, the CIT(E) shall consider the same on merit and decide application filed
u/s 12A(1)(ac) in accordance with law without raising the issue of limitation.
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In the result, the Appeal of the assessee is partly allowed for
statistical purpose.
Order pronounced in the open court on : 13/06/2023.
Sd/- Sd/- ( ANIL CHATURVEDI ) (YOGESH KUMAR U.S.) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : 13/06/2023 *R.N, Sr. PS* Copy forwarded to :-
Appellant 2. Respondent 3. CIT 4. CIT (Appeals) 5. DR: ITAT
ASSISTANT REGISTRAR ITAT NEW DELHI
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