2026 (4) TMI 266

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....e Assessing Officer, CPC, Benguluru (hereinafter referred to as 'ld. AO'). 2. The Assessee has raised the following grounds of appeal before us:- "1. That the Ld. CIT (A) has erred both on facts and in law in confirming the addition made vide Rectification Order u/s 154 dated 26/05/2025 issued by CPC solely on the ground that there is failure on the part of the appellant to apply online for fresh registration or re-validation of its approval. 2. That Form 10AC was not required in the case of the appellant as the appellant society in the relevant year was not registered u/s 12A of the I.T. Act. Ld. CIT (A) has erred in dismissing the appeal on the ground that there is failure on part of the appellant in fulfilling the st....

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.... the Act. The relevant figures are as under:- Gross Receipts   Rs 2.74.05.111/- Less: Application of income     Revenue Expenses Rs 2,34,16,849/-   Income Exempt u/s 11(1)(a)     15% of Gross Receipts Rs 39,88,262/-       Rs 2,74,05,111/- 4. The return was duly processed by the Learned CPC, Benguluru under section 143(1) of the Act on 14-2-2023 proposing adjustment with the following remarks :- "The details provided at S. No. A-19 of Schedule Part A General are not matching with the information as per Form 10AC. Hence the amount mentioned at S. No 4 & 6 (viii) of Part B1- Part BT is not allowable." 5. The assessee complied to th....

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.... Form 10AC/10AD. I do not find any merit in the appellant claim." 8. We find that the present appeal is against the rectification order passed under section 154 of the Act dated 26-5-2025. We find that absolutely no opportunity was given to the Assessee before proposing to pass this rectification order thereby violating the provisions of section 154(3) of the Act. The Learned CITA had confirmed the rectification order dated 26-05-2024 for the reason that the Assessee has not fulfilled the mandatory requirement of complying with the re-registration procedure under the new regime. It is not in dispute that Assessee has been allowed registration earlier under section 10(23C) of the Act under the old regime and Assessee has not applied for r....