SHYAMA SHYAM DHAM,BHUBANESWAR vs. COMMISSIONER OF INCOME TAX(EXEMPTION), HYDERABAD, HYDERABAD

It was submitted by the ld. AR that the assessee had filed an application electronically in Form No.10AB seeking registration u/s.80G(5) of the Act. It was the submission that the Form No.10AC was also issued for registration u/s.80G(5) by the department in favour of the assessee. However, the ld. CIT(E) rejected the application of the assessee filed in form 10AB for registration observing that the same is filed beyond the prescribed time limit as per the Finance Act, 2020. It was the submission that the order of the ld. CIT(E) deserves to be reversed.

Ld. CIT-DR submitted that the ld. CIT(E) has rightly denied the registration u/s.80G(5) of the Act as the application of the assessee- Finance Act, 2020. Thus, it was the prayer that the order of the ld. CIT(E) deserves to be upheld.

We have considered the rival submissions. On perusal of the order of the ld. CIT(E) clearly shows that the application of the assessee filed in Form No.10AB for registration has been rejected on the ground that the application filed by the assessee in Form No.10AB seeking registration u/s.80G(5) of the Act is beyond the time limit prescribed as per the Finance Act, 2020. However, ld. AR of the assessee before us submitted that the CBDT vide Circular No.7/2024, dated 25.04.2024 has extended the date of filing Form No.10AB upto 30th June, 2024, whereas the assessee has filed its application in Form No.10AB on 31.10.2023. Under similar circumstances in the case of Bhoomishri Public Charitable Trust, passed in the coordinate bench of the Tribunal has already taken a view as follows :- 5. We have heard rival contentions and perused the material available on record. From the order of the ld. CIT(E), it appears that the application of the assessee was rejected solely on the ground that the Form 10AB was filed beyond the prescribed time limit as provided by the Finance Act, 2020. The CBDT Circular No.7/2024 has addressed this issue by which the time limit for filing Form 10AB is extended upto 30.06.2024. Since in this case, the order has already been passed by the Pr.CIT rejecting the application filed by the assessee, normally we would have set aside the order of the ld. CIT(E) and direct the assessee to file a fresh application in view of the Circular issued by the CBDT, referred to supra. This would only lead to multiple filings before the ld. CIT(E). This being so, in view of the Circular issued by the CBDT and also being live to the Circular issued by the CBDT in para 4.1, we set aside the order of the ld. CIT(E) and restore the issues to the file of ld.CIT(E) to readjudicate the issue holding the application of the assessee as being within time in view of the above mentioned Circular.