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Scrutiny Valid Despite Section 12A Rejection; Merits Restored Pending Registration Outcome
Case Law Details
- Case Name
- Tarachand Gupta Foundation Vs ITO (ITAT Pune)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2023-24
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Tarachand Gupta Foundation Vs ITO (ITAT Pune)
The ITAT, Pune Bench held that selection of case for compulsory scrutiny was valid, since at the time of selection the assessee’s regular registration u/s 12A stood rejected by the CIT(E). The CBDT parameters expressly permit compulsory scrutiny where exemption is claimed without subsisting registration; hence, the AO rightly assumed jurisdiction.
However, on merits, the Tribunal noted that the rejection of 12A registration had already been set aside by the ITAT in separate proceedings and the matter was remanded to CIT(E) for fresh adjudication....




