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Fresh U/s 12AB Application Cannot Be Rejected Due to Earlier Denial – ITAT Restores Matter for Reconsideration
Case Law Details
- Case Name
- KCR Foundation Vs CIT (Exemptions) (ITAT Bangalore)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- NA
- Courts
- All ITAT, ITAT Bangalore
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KCR Foundation Vs CIT (Exemptions) (ITAT Bangalore)
The assessee trust’s application for registration under Section 12AB was rejected by the CIT(Exemptions) primarily on the ground that an earlier application had already been rejected and was not challenged, thereby attaining finality.
The ITAT Bangalore held that there is no provision in law barring a fresh application merely because an earlier application was rejected. A subsequent application must be examined independently if the statutory conditions are satisfied.
The Tribunal also noted that the assessee had submitted s...
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