ALAMELU MEMORIAL CHARITABLE TRUST,THIRUVALLUR vs. CIT, EXEMPTIONS,, CHENNAI
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeal and, considering the subsequent CBDT circular extending the due date, remanded the matter back to the CIT(Exemption) for fresh consideration on merits.
What were the facts?
The assessee trust filed an application in Form 10AB for approval under Section 80G(5)(iii) of the Income Tax Act, 1961. The application was rejected by the CIT(Exemption) for being filed after the prescribed time limit.
What were the issues?
Whether the CIT(Exemption) was justified in rejecting the Form 10AB application for delay without considering subsequent extensions and whether the delay in filing the application should be condoned.
Which sections of the Income-tax Act were involved?
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Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Nagaraj & Others v. State of Karnataka & Another43 citing4 SCC 595 · 1994 · HC
- Aurora Educational Society v. CCIT31 citing20 Taxmann.com 46 · 2012
Before: Shri S.S. Viswanethra Ravi&
PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER:
This appeal filed by the assessee is directed against the order dated 11.03.2024 passed by the ld. Commissioner of Income Tax (Exemption), Chennai in rejecting the application filed in Form 10AB under clause (iii) of first proviso to section 80G(5) of the Income Tax Act, 1961 [“Act” in short].
We find that this appeal is filed with a delay of 294 days. The assessee filed an aff
The order continues below.
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