2025 (5) TMI 681

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....Exemption), Mumbai [hereinafter referred to as the 'CIT(E)'] whereby the application filed by the Assessee in Form No.10AB seeking registration under Section 12AB of the Income Tax Act, 1961 [hereinafter referred to as 'the Act'] was rejected. 3. The relevant facts in brief are that the Assessee was granted Provisional Registration under Section 12AB of the Act in Form 10AC [valid from Assessment Year 2022-2023 to Assessment Year 2024-2025]. The Assessee made an application in Form 10AB seeking renewal of registration which was rejected by way of the order impugned in the following manner: "2. As the trust is registered, provisions of section 12A(1)(ac)(iii) are applicable to it, which is reproduced as under: "(iii) where the trust or....

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....efect in the application and the order rejecting application was passed without giving any opportunity to the Assessee. Per contra, the it was submitted by the Learned Departmental Representative that since the Assessee had made application under incorrect provision, the CIT(E) was justified in rejecting the application. In rejoinder, the Learned Authorised Representative for the Assessee submitted that it was on account of inadvertent error that incorrect provision was mentioned. It was submitted that all the documents and details furnished by the Assessee support the contention of the Assessee that the application was sought to be made under Section 12A(1)(ac)(iii) of the Act. 6. We have considered the rival submission, perused the mater....