2025 (10) TMI 1212

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....tion 12AB of the Income Tax Act, 1961 (hereinafter referred to as the "Act"). 2. The grounds raised by the assessee are as under: "1. The Learned Commissioner of Income Tax (Exemptions) ["Ld. CIT(E)") erred in law and on facts in rejecting the application for final registration under section 12AB of the Income Tax Act, 1961, on the alleged ground that the genuineness of the activities of the Trust/Institution was not established due to non-filing of documentary evidence. 2. That the Ld. CIT(E) failed to appreciate that the Trust/Institution has been carrying out genuine charitable activities in accordance with its objectives and has been regularly engaged in activities for the benefit of the public at large. 3.....

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....ration of the assessee trust in terms of the provisions of Section 12A(1)(ac)(iii) of the Act has been rejected without giving adequate opportunity of hearing to the assessee, therefore, the matter may be restored back to the Ld. CIT(E) for re-consideration. 4. We have, however, gone through the order of the Ld. CIT(E) and we have noted that the impugned application is the second application filed by the assessee seeking final approval of trust u/s. 12AB of the Act. The original application filed by the assessee dated 17.09.2023 already stood rejected by the Ld. CIT(E) vide order dated 23.02.2024 and the provisional registration granted to the assessee was also cancelled. Noting the above facts, the Ld. CIT(E) further noted that the pres....

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.... Order/DIN number Date of order 1. 12A(1)(ac)(iii) 17.09.2023 ITBA/EXM/F/EXM45/202324/1061420119(1) 23.02.2024 However, the above referred rejection order is not been covered by the para 4.1 of CBOT'S circular number 07 of 2024 dated 25.04.2024 and accordingly the present application filed by the assessee within the extended date i.e. 30.06.2024 stands non-maintainable. 3. Hence, in view of the above, the present application filed in Form No. 10AB under sub-clause (i) of clause (ac) of sub-section (1) of section 12A of the Act is rejected as to be non-maintainable without going into the merits." 5. The Ld.Counsel for the assessee was unable to controvert the findings of the Ld.CIT (E) as above that....