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Gujarat HC: Section 13(1)(b) Cannot Deny Section 12AB Registration at Registration Stage
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taxguruin
The appeal concerned the respondent-assessee’s application for registration of its Trust under Section 12AB.
The respondent-assessee had filed an application for registration under Section 12AB on 15.06.2022 in Form No.10AB under Rule 17A of the Income Tax Rules, 1962.
The Tribunal, by order dated 24.04.2023, allowed the appeal and restored the matter to the Commissioner of Income Tax (Exemption).
It therefore held that Section 13 could be invoked at the assessment stage and not while considering registration.
Being aggrieved by the order passed by the Commissioner of Income Tax (Exemption), the respondent assessee preferred an appeal before the Income Tax Appellate Tribunal, Ahmedabad (hereinafter referred to as ‘Tribunal’ for short).