TaxTMI 
TaxTMI 
2026 (10) TMI 493
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....rm No. 10AB under section 12A(1)(ac)(iii) of the Income-tax Act, 1961[hereinafter referred to as "the Act"], seeking regularisation of its provisional registration under section 12AB of the Act. 2. The assessee has raised the following grounds of appeal: 1. The learned Commissioner of Income-tax (Exemptions) has erred in law and facts of the case in rejecting the application for registration/approval u/s 12A of the act dated 02.09.2025 on the grounds that is was filed beyond due date. 2. The assessee carves leave to add, alter or amend the above ground of appeals. 3. The relevant facts, in brief, are that the assessee was granted provisional registration under section 12AB of the Act vide order dated 21.03.2022 issue....
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....order dated 09.08.2025 on the ground that it had been filed under an incorrect statutory clause. In the subsequent application, the assessee explained that the earlier delay had occurred because the authorised signatory was not available. The learned CIT(E), however, held that the explanation did not establish any reasonable cause or genuine hardship for the delay. Consequently, the application was rejected on the ground of belated filing, without examination of the assessee's eligibility for registration on merits. 5. Before us, the learned Authorised Representative (AR) submitted that the application had been rejected solely on the ground of delay without examining the objects and activities of the assessee or its eligibility for regis....
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....der be set aside and the matter be restored to the file of the learned CIT(E) for consideration of the explanation contained in the affidavit and for adjudication of the application on merits. 7. The learned Departmental Representative relied upon the impugned order. However, the learned DR did not raise any objection to the matter being restored to the file of the learned CIT(E) for fresh adjudication in accordance with law. 8. We have considered the rival submissions and perused the material available on record. The learned CIT(E) observed that the assessee ought to have filed Form No. 10AB by the end of September 2022, whereas the application was filed on 02.09.2025. On that basis, the learned CIT(E) computed the delay at more than....
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....correct statutory clause. The explanation for the earlier delay has also been supported by an affidavit placed before us. Having regard to the entire chronology, the procedural error in the earlier application, the prompt filing of the corrected application after the order dated 09.08.2025 and the explanation placed on record, we are satisfied that the delay was not deliberate and that reasonable cause existed for not filing the application within the prescribed period. 12. The reference made by the learned CIT(E) to the expiry of the general relaxation granted under CBDT Circular No. 07/2024 does not conclude the issue. The statutory power of condonation conferred by the proviso to section 12A(1)(ac), effective from 01.10.2024, is indep....