2025 (12) TMI 53

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....tion 12AB of the Income Tax Act, 1961 (hereinafter referred to as the "Act") and denying approval under Section 80G(5) of the Income Tax Act, 1961 (hereinafter referred to as the "Act") dated 25.12.2024. We shall first deal with the appeal of the assessee against the denial of registration under Section 12AB of the Act in ITA No. 450/Ahd/2025 2. The assessee has raised the following grounds of appeal are as under: "1. That the Ld. CIT(E), Ahmedabad erred in law and on facts in rejecting the appellant's application for registration under Section 12A of the Act, despite the appellant having duly complied with all requirements. 2. That the Ld. CIT(E) wrongly interpreted Para 4.1 of CBDT Circular No. 07/2024 and misappli....

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....y furnish a fresh application in Form No. 10AB within the extended time provided in paragraph 3(ii) i.e. 30.06.2024." 4. As per the said para where the initial application in Form 10AB was rejected by the Commissioners before the issuance of the Circular of 25.04.2024 for the reason that the application was furnished after the due date or the application was furnished under the wrong section code then a fresh application could be furnished within the extended time provided in paragraph 3.2 of the Circular i.e. by 30.06.2024. The Ld.CIT(E) noted that the rejection of the earlier application of the assessee was not covered by Para 4.1 of the Circular and therefore, the present application filed by the assessee within the extended date i.e.....

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....rder of the Ld. CIT(E) dated 17 August 2023. The appellant became aware of it when its third application for registration was denied. 3. The third application was duly filed with complete compliance to the notice issued by the office of the Ld. CIT(E), Ahmedabad. However, it was rejected on technical grounds, with the reason cited being that the application was not maintainable as it did not fulfill the conditions prescribed in Para 4.1 of CBDT's Circular No. 07/2024. 4. Aggrieved by the rejection of the application despite having met all statutory requirements, the appellant trust is filing this appeal before the Hon'ble Income Tax Appellate Tribunal (ITAT), Ahmedabad, seeking just and fair consideration." 6. I....