2025 (7) TMI 1893

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....5] of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'). 2. Brief facts of the case are that the assessee is a Trust constituted on 01-04-2002 and registered u/s.12A of the Act since then. Under the new provisions of registration, the assessee Trust applied for regular registration under section 12A(1)(ac)(i) of the Act and the same was granted by Ld. CIT[E] on 02-10-2021 for the period commencing from Asst. Years 2022-23 to 2026-27. 2.1. The assessee Trust did not have approval u/s.80 G[5] of the Act. It had applied for approval u/s.80 G[5][iv] of the Act in Form 10-A and got provisional registration in Form 10AC for the period from 30-11-2022 to Asst. Year 2025-26. However for regular registration, assessee tru....

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....uch error is a curable error. b. The Appellant Trust has made an application in time. 4. We have heard the parties and perused the materials placed on record and Paper Book filed by the assessee. Before we proceed to examine the facts in assessee's case, it is necessary to first look at the relevant provisions of the second proviso to sub-section (5) of section 80G which read as under - Provided that the institution or fund referred to in clause (vi) shall make an application in the prescribed form and manner to the Principal Commissioner or Commissioner, for grant of approval, (i) where the institution or fund is approved under clause (vi) [as it stood immediately before its amendment by the Taxation and O....

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....nd proviso to sub-section (5) of section 80G of the Act. The Id. CIT(E) rejected the application on the ground that he has no power and facility under the Act to amend the section code wrongly selected by the assessee in Form 10AB and denied registration. 4.2 This issue of wrong quoting of provisions is no more res-integra since various decisions by the Tribunal namely Aatman Foundation Vs. CIT(E) 174 taxmann.com 1109 (Ahmedabad-Trib.), Gandhinagar Ayyapa Pooja Samiti V/s. CIT(E) 174 taxmann.com 901(Ahmedabad-Trib.) & Rotary Charity Trust vs. CIT(E) 170 taxmann.com 797 (Mumbai - Trib) and more particularly Kolkata Tribunal decision in the case of Nitdaa Foundation -Vs- CIT [E] [cited supra] held that where assessee was an existing trust ....