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ITAT Delhi Sets Aside Rejection of 12A Registration Due to Defective Provisional Registration

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Summary

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  • The ITAT Delhi has set aside the rejection of Smai Sathal Dadi Gauri Mandir Seva Samiti's application for regular registration under section 12A(1)(ac)(iii) of the Income-tax Act, 1961.
  • The CIT(E) had previously denied the application, claiming that provisional registration was invalid due to activities commencing before its grant.
  • The Tribunal found that the CIT(E) failed to issue a show cause notice and did not provide a fair opportunity for the assessee to address alleged defects.
  • This ruling restores the matter for fresh consideration by the CIT(E), emphasizing the importance of procedural fairness in tax registration processes.

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