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PER: DR. S. SEETHALAKSHMI, J.M. These are two appeals filed by the assessee against two different orders of the Ld.CIT (Exemption), Jaipur both dated 27-03-2024 passed under section 12AB and 80G of the Income Tax Act, 1961 respectively.

The grounds of appeal raised by the assessee in both the appeals are as under:-

ITA No. 627 & 628/JPR/2024 All India Securitisation and Enforcement of Security Interest Association vs. CIT(E) "1. CIT(E) has wrongly rejected the application for registration for charitable institution u/s 12A. Mentioning wrong reasons such as due to non-registration under Rajasthan Public Trust Act, 1959 and genuineness of activities and also cancelled provisional registration whereas trust has complied all the procedure. Hence, rejection/cancellation order must be quashed. '' "1. CIT(E) has wrongly rejected the application for registration of assessee society u/s 80G stating that the approval u/s 80G cannot be granted without registration u/s 12AB and commencement of activities and also wrongly cancelled provisional registration.

4. Rebuttal of Point 5 of CIT Order:

The CIT Exemption has wrongly cancelled the existing 80G provisional registration dated 06.10.2021 whereas assessee has submitted the proper justification for regularization of the provisional registration. So, your honor is requested to kindly direct the CIT Exemption to grant the 80G registration as trust is doing genuinely charitable activities.

ITA No. 627 & 628/JPR/2024 All India Securitisation and Enforcement of Security Interest Association vs. CIT(E)

21. Reply dated 05.03.2024 to CIT Exemption Show Cause Notice dated 29.02.2024 150-151 ITA No. 627 & 628/JPR/2024 All India Securitisation and Enforcement of Security Interest Association vs. CIT(E) 3.4. Per contra, the ld. DR relied on the orders of the ld. CIT(E).

3.5 After hearing both parties and perusing the materials available on record, we noticed that an application for registration u/s 12AB of the Act was rejected by the ld CIT(E) on the ground that the assessee is not registered under RPT Act, 1959 and in this regard, the ld. AR of the assessee stated at Bar that the assessee trust is in the process of applying the same before the competent authority and it is likely to get the same.

3.7 Before parting, we may make it clear that our decision to restore the matter back (supra) to the file of the ld. CIT(E) shall in no way be construed as having ITA No. 627 & 628/JPR/2024 All India Securitisation and Enforcement of Security Interest Association vs. CIT(E) any reflection or expression on the merits of the dispute, which shall be adjudicated by the ld. CIT(E) independently in accordance with law.