2026 (8) TMI 945

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....3.2025 rejecting its applications filed in "Form No. 10AB" for regular registration under Section 12AB and Section 80G(5) of the Income-tax Act, 1961 (for short, "the Act"). 2. At the threshold, we may herein observe that the captioned appeals were disposed of by the Tribunal vide its consolidated order passed in ITA Nos.893 and 894/Hyd/2025, dated 20/08/2025. However, on Miscellaneous Applications (MAs) filed by the assessee society, the aforesaid order of the Tribunal was recalled vide its common order passed in M.A. Nos.78 & 79/Hyd/2025, dated 19/12/2025 for the limited purpose of adjudicating the "Ground of Appeal No.2" that was raised by the assessee society/appellant in both the respective appeals, i.e., ITA Nos.893 and 894/Hyd/202....

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....e latter had extended the deadline till 30-06-2024. Accordingly, the CIT (Exemption) held the application filed by the assessee society for regular registration on 22-09-2024 as barred by limitation. 8. We confine our adjudication in the present appeal to deciding the "Ground of appeal No.2" for which limited purpose the present appeal has been recalled, which reads as under: "2. The Ld. CIT(E) erred in law and on facts in rejecting the application for registration u/s. 12AB of the IT Act on the ground of delay in filing Form 10AB by 84 days, without appreciating that as per section 12A(1)(ac) (iii), the application was filed within the prescribed period i.e., within six months from the date of commencement of activities on dt. ....

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....date of commencement of the activities of the assessee society is taken as 28/03/2024, the period of six months prescribed under section 12A(1)(ac)(iii) of the Act would expire only on 30/09/2024, and therefore, the filing of "Form-10AB" on 22/09/2024 was well within the statutory time limit. Elaborating further on his contention, the Ld. AR submitted that the Commissioner of Income Tax (Exemptions), Hyderabad vide his order dated 17/03/2025, had, by losing sight of the aforesaid material fact, dismissed the application filed by the assessee society for permanent registration under section 12A of the Act by wrongly observing that the same was filed beyond the time limit prescribed for filing of "Form-10AB". 10. Per contra, Dr. Narendra K....

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....the expiry of its provisional registration would fall on 30/09/2024. Also, based on the fact that the assessee society had commenced its activities on 28/03/2024, the period of six months from the commencement of its activities would fall on 28/09/2024. Accordingly, the earlier of the aforementioned two periods is 28/09/2024. As the assessee society had filed its application for registration under section 12A(1)(ac)(iii) of the Act on 22/09/2024, therefore, the same was well within the time limit, as observed by us herein above. 15. We thus, in terms of our aforesaid deliberations, find substance in the Ld. AR's contention that as the assessee society had filed its application for permanent registration under section 12A(1)(ac)(iii) of t....