2024 (3) TMI 1475

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....ained registration under section 12A(a) of the Income Tax Act, 1961 ('the Act') by order dated 26/12/2005 under section 12AA(1)(b)(i) of the Act. Subsequently on 27/05/2021, the assessee sought for and granted provisional registration under 12A(1)(ac)(vi) of the Act in form No. 10AC. Again on 15/05/2023, the assessee applied in Form 10AB under section 12A(1)(ac)(iii) of the Act. 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 26/12/2005. Assessee submitted that by mistake, on earlier occasion, wrong code under section 12A(1)(ac)(iv) of the Act was selected instead ....

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....ns made on either side. Vide order dated 26/12/2005, the assessee applied for registration of the trust in Form 10A and got registration under section 12A of the Act. Thereafter, assessee made an application under section 12A(1)(ac) of the Act and obtained provisional registration by selecting the section code 02-Sub clause (iii) of clause (ac) of sub-section (1) of section 12A of the Act. The registration under Form 10AC was granted on 27/05/2021. Subsequently on 15/05/2023, the assessee made an application in Form 10AB for regular registration by selecting the section code 02-Sub clause (iii) of clause (ac) of sub-section (1) of section 12A of the Act. 8. Under section 12A(1)(ac) of the Act, having registered under section 12A of the A....

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....lication opting wrong section code in Form 10A before the due date, and finally vide Circular No. 6/2023 dated 24/05/2023, CBDT extended the date up to 30/09/2023. 11. It is an undisputed fact that, having possessed the registration under section 12A of the Act, the assessee was supposed to make an application under section 12A(1)(ac)(i) of the Act in which event, the assessee had to submit the application in Form 10A vide Rule 17A of the Income Tax Rules, 1962 ("the Rules"). If the assessee applying on 27/05/2021 by selecting the wrong section code as 02-Sub clause (vi) of clause (ac) of sub-section (1) of section 12A of the Act was a mistake, still it is a mistake on 15/05/2023 also by applying for registration in Form 10AB. If really ....