KALINGA INSTITUTE OF INDUSTRIAL TECHNOLOGY,PATIA,BHUBANESWAR vs. CIT(EXEMPTION), HYDERABAD

None appeared on behalf of the assessee even the case was called for the second round, however, an adjournment application has been filed seeking adjournment. The ground taken for adjournment, in our opinion, is not a plausible one; therefore, we reject the adjournment application and proceed to dispose off the appeal of the assessee after considering the facts of the present case and submissions of the ld. Sr.DR.

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- society was filed beyond the prescribed time limit as per the Finance Act, 2020. Thus, it was the prayer that the order of the ld. CIT(E) deserves to be upheld.

We have considered the submission of the ld. Sr. DR and gone through the facts of the present case carefully. 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. However, the assessee before the ld. CIT(E) relying on the decision of the coordinate bench of the Tribunal in the case of T.B.Lulla Charitable Foundation, passed in order dated 05.01.2024, agitated that the phrase “within six months of commencement of activities`” is applicable to the newly registered trust or the trusts which are yet to commence its activities and not to the trust which is carrying on the activities since a long period. In the present case, it is undisputed that the assessee is having registration u/s.12A of the Act. Considering the fact that the assessee has registration u/s.12A of the Act and also considering that the CBDT has issued Circular No.7/2024, dated 25.04.2024 extending the due date for filing of the Form No.10B upto 30th June, 2024 and under similar circumstances in the case of Bhoomishri Public Charitable Trust, passed in ITA No.106/CTK/2024, 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