2026 (6) TMI 562

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....ey were originally registered under Section 12A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act' for short), on 23.03.1988. They say that, unfortunately, due to an error in the system, when they applied for provisional registration for the year 2020-21, Section 10(23) came to be selected, instead of Section 12A of the 'Act'; and that this led to a provisional registration being incorrectly issued to them under Section 10(23), followed by a final registration under the said Section on 22.09.2021, valid up to March 2024. 2. The appellant explains that when this omission was noticed, they approached the authorities who directed them to surrender the registration, which they did; and consequently, applied for registration af....

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.... would not apply to this case because, as is clear therefrom, though it provides an opportunity to an assessee to apply afresh until 30.06.2024, it would be so, only in cases where the earlier application has been rejected on account of the fact that it is filed after the due date, or made under a wrong Section. He argued that, in this case, the application of the appellant was made specifically under Section 10(23) of the Act, which was allowed; and therefore, the afore Circular would never apply. He concluded his submissions, saying that when the appellant thereafter applied for a fresh registration under Section 12A of the 'Act', it was correctly granted provisionally for the year 2023-24 and hence that they cannot challenge the same. He....

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....r the year 2020-21, invoking Section 10(23) of the 'Act', because of an alleged system error. There is hardly any information on record to establish this and we cannot, therefore, accept it on face value. However, the fact remains that the appellant had obtained registration under Section 12A as early as on 23.03.1988 and it may be probable that they made a mistake in applying for registration for the year 2020-21 under a wrong code. 8. Interestingly, as per the Circular referred above, had such an application been rejected, then the appellant would have been in a position to make a fresh application until 30.04.2024. However, in this case, the application of the appellant made for the year 2020-21 came to be allowed and it is hence that....