2024 (6) TMI 1128

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....For the Appellant : Ms. Sree Lakshmi Valli , Advocate For the Respondent : Shri S. Senthil Kumaran , CIT ORDER PER MAHAVIR SINGH , VICE PRESIDENT : This appeal by the assessee is arising out of the order of the Commissioner of Income Tax (Exemption), Chennai in Form 10AD of the Income Tax Act, 1961 (hereinafter the 'Act') vide Application No.CIT(Exemption), Chennai/2022-23/12AA/11960 d....

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....sessee was also advised to file an appeal before the Tribunal against the rejected application. Hence, this delay was caused, which is beyond the control of the assessee. When this was confronted to ld.CIT-DR, he objected to condone the delay. We find the cause as reasonable and hence, condone the delay and admit the appeal. 3. The only issue in this appeal of assessee is rejecting the applicat....

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....ceived hearing notices, which was responded by the assessee but the CIT(Exemption) vide his order in Form No.10AD on 04.03.2023 rejected the assessee's application treating it as infructuous and non-maintainable by stating the reason that the assessee ought to have applied u/s.12A(1)(ac)(iii) of the Act instead of 12A(1)(ac)(ii) of the Act. The CIT(Exemption) recorded the fact and rejected the app....

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.... 6. In the light of the fact that the applicant had been granted only provisional registration for a period of 3 years (from AY 2023-24 to AY 2025-2026) as stated above, the present application in Form 10AB filed u/s. 12A(1)ac)(i) seeking registration is prima-facie non-maintainable. 7. On careful consideration of the above facts and circumstances, the above application filed on 20.0....