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| The Tax Publishers2019 TaxPub(DT) 6675 (Kol-Trib) INCOME TAX ACT, 1961
Section 154
Application for registration under section 12A was not disposed of by the CIT within six months and then registration was deemed to have been granted on expiry of said period of six months, therefore, order under section 143(1) denying benefit of exemption under section 11 was contrary to the legal principle and rejection of assessee's application for rectifciation under section 154 was invalid.
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Rectification - Under section 154 - AO not having adhered to legal principle while denying exemption under section 11 for want of registration under section 12A -
Assessee filed rectification application under section 154 against intimation under section 143(1) denying exemption claimed by assessee under section 11 on the ground that assessee was not having a registration certificate under section 12A. AO rejected assessee's application. Held: Application for registration under section 12A was not disposed of by the CIT within six months and then registration was deemed to have been granted on expiry of said period of six months, therefore, order under section 143(1) denying benefit of exemption under section 11 was contrary to the legal principle and rejection of assessee's application for rectifciation under section 154 was invalid.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2011-12 & 2012-13
IN THE ITAT, KOLKATA BENCH
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