2022 (1) TMI 685

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....assessee has assailed the impugned order on the following solitary ground of appeal before us: "1. The learned CIT(Exemption) erred on facts and in law in rejecting approval u/s 12AA of the Act. He failed to appreciate the facts and contentions of the assessee in proper perspective." 2. Briefly stated, the assessee which is a company incorporated under the Companies Act, 1956 had as on 15.06.2020 e-filed an application in Form No.10A for grant of registration u/s 12AA of the Act. On 28/08/2020 the ld. CIT (Exemption) issued a notice through ITBA portal to the assessee trust directing it to furnish/upload certain information/clarification that was required to process its application. On a perusal of the aforesaid application, it ....

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....ication since the new provisions were made effective only from 01/04/2021. As the assessee failed to respond to the aforesaid notice, therefore, the ld. CIT(Exemption) issued another notice through e-portal on 06/12/2020, to which the assessee applicant through an e-mail expressed its inability to make submissions through the e-portal and though filed as an attachment its reply to the questionnaire dated 28.08.2020, but did not furnish any explanation to the query as regards the filing of the application u/s 12A(1)(ab) of the Act. Also, the assessee did not furnish its Memorandum of Association/Trust deed after the modification of its objects. In the absence of any submission forthcoming, the ld. CIT(Exemption) provided another opportunity ....

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....on for grant of registration u/s 12A of the Act, had on account of a bonafide mistake, inadvertently stated at Column 5a of its application in "Form No. 10A" that its case was that of registration under clause (ab) of sub-section (1) of Sec. 12A of the Act. Our attention was drawn by the ld. A.R to the application filed by the assessee trust in "Form No. 10A". It was stated by the ld. A.R that the assessee trust had earlier not been granted registration u/s 12AA of the Act, and had in fact filed the application seeking registration for the first time. It was submitted by the ld. AR that it was on account of a bonafide mistake that the assessee had inadvertently marked the application as one being filed under clause (ab) of sub-section (1) t....