Prem Educational Trust v. ITO (E) (2025) 237 TTJ 373 / 176 taxmann.com 672 (Chennai) Trib)

S. 12AB: Procedure for fresh registration-Application filed under wrong provision-Old trust-Inadvertent mistake in filing the application under wrong sub-cl. (iv) of s. 12A(1)(ac), which cannot be said be intentional/ deliberate and done with mala fide intention-CIT(E) was directed to grant the exemption. [S.12A]

Held that the Assessee trust enjoying registration under s. 12A, having inadvertently applied for registration under sub-cl. (iv) of s. 12(A)(ac) instead of sub-cl. (i), the  order passed by the CIT(E) rejecting the application is set aside and the assessee’s application is restored back to his file and the CIT(E) is directed to treat the application as if filed under s. 12A(1)(ac)(i), instead of cl. (iv) and consider grant of provisional registration under s. 12AB for five years from asst. yr. 2022-23 onwards.

Leave a Reply

Your email address will not be published. Required fields are marked *

*