2022 (5) TMI 891
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....he appeals against the order of the ld CIT(A) dated 22.03.2021 has been filed with the Registry on 9.11.2021 and the same may be taken as filed within the extended limitation period in view of the Hon'ble Supreme Court decision whereby the limitation in all such proceedings, irrespective of limitation prescribed under the general law or under any special laws, whether compoundable or not has been extended due to continued Covid -19 pandemic and restrictions imposed by the respective State Governments. Per contra, the ld. CIT DR fairly submitted that as per the orders of the Hon'ble Supreme Court, the Revenue has no objection where the appeals of the assessee are admitted for adjudication. Taking into considerations the submissions made by b....
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....titution within 3 months from the date on which the said clause came into effect. It was submitted that thereafter, Ministry of Finance vide press note dated 09.05.2020 has deferred the implementation of new procedure for approval/registration/notification of certain entities to 1st October, 2020 and as per the said press release, the entities already registered u/s 12AA would be required to file intimation within 3 months from 01.10.2020. It was further submitted that vide the Taxation and other laws (Relaxation and Amendment of Certain Provisions) Act, 2020 dated 29.09.2020, the said clause (ac) to sub-section (1) of section 12A introduced by the Finance Act, 2020 was omitted and a new clause (ac) of sub-section (1) of section 12A was ins....
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....was made effective prospectively from 1st April, 2021 and thus, not applicable at the relevant point of time when the assessee mistakenly moved the present application. It was submitted that the order so passed by ld. CIT(E) is therefore bad in law for want of valid jurisdiction u/s 12A read with Rule 17A of the Act. 6. It was further submitted that once the assessee came to the notice that the application in Form No. 10A for registration u/s 12AA has been mistakenly filed, the assessee filed a response via email with ld. CIT(E) on 24.02.2021 mentioning that assessee has already registered u/s 12AA and we have mistakenly applied for registration u/s 12AA vide Form No. 10A on 28.09.2020 and the earlier application for registration applied m....
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....awn. It was submitted that in either case whether the assessee has suo moto withdrawn the application or the fact that the law has been amended and its applicability has been deferred to a subsequent period where the assessee has to again move a an application before the competent authority, the present application has to be dismissed by the ld. CIT(E). 10. We have heard the rival contentions and purused the material available on record. There is no dispute that the assessee was already registered u/s 12AA of the Act by order dated 23.06.2009 effective from 19.12.2008 at the time of moving the present application on 28.09.2020, a fact duly mentioned in the said application filed in Form no. 10A and admittedly and undisputedly, the impugned....
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....dent from assessee's paperbook page no. 22 which has not been disputed by the Revenue. During the course of hearing as well, the ld AR has also submitted that the assessee has mistakenly moved the present application where there was no requirement at first place and has sought directions to the ld CIT(E) to allow the withdrawal of application wrongly filed u/s 12AA of the Act. 11. In light of the aforesaid discussion and in the entirety of facts and circumstances of the case, we hereby modify the directions of the ld CIT(E) where the application dated 28.09.2020 u/s 12AA is to be treated as withdrawn due to non-applicability of the relevant provisions of law at the relevant point in time for moving such an application and whose implementat....