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ITAT allowed the assessee's appeal and set aside the rejection of approval under s.80G(5)(iii), holding that the error in filing Form No.10AB under the wrong sub-clause was a curable defect and did not permit cancellation or rejection absent dissatisfaction as to genuineness of activities or failure to meet conditions in the proviso. The Tribunal held that where provisional registration in Form No.10AC had issued, the ld. CIT(E) was obliged to inform the assessee and permit rectification rather than reject the application on a mere procedural mistake. The denial of final approval was quashed and the matter remitted for compliance with the rectification procedure consistent with statutory provisos.
ITAT allowed the assessee's appeal and set aside the rejection of approval under s.80G(5)(iii), holding that the error in filing Form No.10AB under the wrong sub-clause was a curable defect and did not permit cancellation or rejection absent dissatisfaction as to genuineness of activities or failure to meet conditions in the proviso. The Tribunal held that where provisional registration in Form No.10AC had issued, the ld. CIT(E) was obliged to inform the assessee and permit rectification rather than reject the application on a mere procedural mistake. The denial of final approval was quashed and the matter remitted for compliance with the rectification procedure consistent with statutory provisos.
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