2025 (9) TMI 574

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....owing grounds of appeal : "1. The order passed by the Learned Commissioner of Income Tax (Exemptions), Hyderabad, rejecting the application for registration u/s 12AB of the Income Tax Act, 1951, is erroneous, arbitrary, and not sustainable in law. 2. The Learned CIT (Exemptions) erred in holding the application in Form 10AB as infructuous solely on the ground that the assessee selected an incorrect section code in the earlier Form 10A application. The appellant submits that such a technical error is curable and should not be a ground for outright rejection. 3. The Learned CIT (Exemptions) failed to appreciate that the appellant is a charitable trust with an existing registration granted u/s 12A dated 02.07.2022, v....

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....ode i.e. section 12A(1)(ac)(vi) of the Act instead of the correct section code i.e. section 12A(1)(ac)(i) of the Act. Based on the said form, the assessee was granted provisional registration vide Form No. 10AC dated 03.08.2023. Subsequently, the assessee filed Form No. 10AB for conversion of provisional registration into final registration under section 12AB of the Act. However, the Ld. CIT(E) rejected the said application solely on the ground that the assessee had originally selected an incorrect section code while filing Form No. 10A. 4. Aggrieved by the rejection order of Ld. CIT(E), the assessee is now in appeal before the Tribunal. The Learned Authorised Representative ("Ld. AR") submitted that the assessee had been granted valid r....

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....partmental Representative ("Ld. DR") supported the order of the Ld. CIT(E) and submitted that the application was rightly rejected as the assessee had selected an incorrect section code while filing Form No. 10A. 6. We have heard the rival contentions and perused the records available before us. It is not in dispute that the assessee was holding a valid registration under section 12AB of the Act w.e.f. 14.05.2019. Due to statutory changes brought into effect from 01.04.2021, the assessee was required to re-apply using Form No. 10A. It is also admitted that Form No. 10A was newly introduced and many assessees had encountered difficulties and confusion in selecting appropriate section codes during the transition period. The assessee inadve....