Surat Halai Memon Jamat v. CIT(E) (2024] 205 ITD 607 (Surat) (Trib.)

S. 12A : Registration-Trust or institution-Mismatch of name-Registration application should not be rejected on mere mismatch of name especially when steps had been taken by assessee to update correct name in PAN database. [S. 12A(1)(ac)(iii)]

Assessee’s registration application under section 12A(1)(ac)(iii) was rejected by CIT(E) due to a name mismatch. On appeal the assessee   argued for reconsideration, asserting correct name as ‘Surat Halai Memon Jamat and Halai Memon Jamat Kabrashatn’ and refuting any benefit to a particular religious community or caste  Tribunal held that  mismatch in name might be rectified and corrected and it should not be a reason to deny registration of assessee-trust.  Further, since assessee had already taken steps to correct above name in PAN database, above name should be treated as a correct name and hence, Commissioner (E) is  directed to consider above stated name of assessee-trust and registration should not be denied only on the ground of mismatch of name.

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