Facts
The assessee filed an application for approval under section 80G(5) of the Income Tax Act, 1961, which was rejected by the CIT(Exemption) due to delay in filing. The assessee requested another opportunity to present their case.
Held
The Tribunal noted the delay and, considering the larger interest of justice, decided to grant the assessee one more opportunity. The issue was remitted back to the CIT(Exemption) for fresh adjudication.
Key Issues
Whether the delay in filing the application for approval under section 80G(5) warrants rejection, or if another opportunity should be granted.
Sections Cited
80G(5)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCHES “A”, PUNE
Before: DR.MANISH BORAD & SHRI VINAY BHAMORE
PER DR. MANISH BORAD, ACCOUNTANT MEMBER :
The captioned appeal at the instance of assessee is directed against the order dated 23.05.2025 framed by CIT (Exemption), Pune rejecting application for grant of approval u/s.80G(5) of the Income Tax Act, 1961. 2. At the outset, ld. Counsel for the assessee submitted that there is delay in filing the application for regular approval u/s.80G(5) of the Act and she prayed for affording one more opportunity to go before ld.CIT(Exemption) and plead its case.
On the other hand, ld. DR supported the order of ld.CIT(Exemption).
We have heard the rival contentions and perused the record placed before us. We note that the assessee has filed the application for regular approval under clause (iii) of first proviso to sub-section (5) of section 80G of the Act on 2 Kshetrapal Pratishthan
2024 and the same has been rejected by ld.CIT(A) on the ground that there is delay in filing the application. Ld. Counsel for the assessee mentioned the reasons due to which delay has arisen and considering the same and also in the larger interest of justice being fair to both the parties, we deem it appropriate to grant one more opportunity to the assessee. We therefore remit back the issue to the file of ld.CIT (Exemption) for afresh adjudication. Needless to mention that ld.CIT (Exemption) in the set aside proceeding shall provide reasonable opportunity to the asseseee and consider the documents/evidences to be filed by the assessee. Assessee is also directed to remain vigilant and make satisfactory compliance to the notice(s) of hearing issued by ld.CIT (Exemption) and should refrain from taking adjournments unless otherwise required for reasonable cause. Effective grounds of appeal raised by the assessee are allowed for statistical purposes.
In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced on this 17th day of April, 2026. (VINAY BHAMORE) ACCOUNTANT MEMBER पुणे / Pune; दिन ांक / Dated : 17th April, 2026. Satish
3 Kshetrapal Pratishthan
Satish Kumar Madishetty Digitally signed by Satish Kumar Madishetty Date: 2026.04.17 18:04:56 +05'30'
आदेश की प्रतिलिपि अग्रेपिि / Copy of the Order forwarded to : अपील र्थी / The Appellant. 1. प्रत्यर्थी / The Respondent.
The Pr. CIT concerned. विभ गीय प्रतितनधि, आयकर अपीलीय अधिकरण, “A” बेंच, 4. पुणे / DR, ITAT, “A” Bench, Pune. ग र्ड फ़ इल / Guard File. 5. आिेश नुस र / BY ORDER,
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