2024 (11) TMI 1064

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....e are that the assessee trust obtained registration under section 12A of the Income Tax Act, 1961 ('the Act') by order dated 22/08/2002. Subsequently on 20/06/2023, the assessee was granted provisional registration under 12A(1)(ac)(vi) of the Act in form No. 10AC. Again on 13/06/2023, the assessee applied in Form 10AB of the Act. Thereafter, the assessee made an application under section 12A(1)(ac) of the Act by selecting the code (vi) instead of (i). 3. Learned CIT(E) observed that on an earlier occasion, the assessee applied under 12A(1)(ac)(vi) of the Act instead of 12A(1)(ac)(i) of the Act, since the assessee holds registration under section 12A of the Act, issued on 22/06/2002. Assessee did not responded to the notice dated 18/05/20....

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....e are no bonafides, hence the appeal may be dismissed. 7. We have gone through the record in the light of the submissions made on either side. Vide order dated 22/08/2002, the assessee got registration under section 12A of the Act. Subsequently on 13/06/2023, the assessee made an application in Form 10AB for regular registration. 8. Under section 12A(1)(ac) of the Act, having registered under section 12A of the Act, the assessee was expected to make an application under Form 10A under section 12A(1)(ac)(i) of the Act by selecting relevant section code as 02--Sub clause (i) of clause (ac) of sub--section (1) of section 12A of the Act. Learned AR, however submits that the assessee wrongly selected the section code as 02--Sub clause (vi)....

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.... of clause (ac) of sub--section (1) of section 12A of the Act on any occasion, the proper form was not Form 10AB, but it should be Form 10A only. Form 10AB is applicable for the section code of 02--Sub clause (ii) or (iii) or (iv) or (v) of clause (ac) of sub--section (1) of section 12A of the Act, whereas for section code 02--Sub clause (i) or (vi) of clause (ac) of sub--section (1) of section 12A of the Act, the application shall be in Form 10A only. 12. Be that as it may, the fact remains that the assessee did not avail the opportunity of extension of time for filing application in Form 10A, if really its intention is to apply for 02--Sub clause (i) of clause (ac) of sub--section (1) of section 12A of the Act, by bringing the mistake ....