SET INDIA FOUNDATION,TIRUVANNAMALAI vs. CIT, EXEMPTIONS,, CHENNAI

This appeal at the instance of the assessee is directed against order of the CIT(Exemption), Chennai dated 15.11.2024 rejecting application filed in Form 10AB u/s.80G(5)(iii) of the Income Tax Act, 1961 (hereinafter called ‘the Act’).

At the very outset, we notice that CIT(E) has rejected the assessee’s application filed in Form 10AB u/s.80G(5)(ii) denying approval for the reason that that there is no valid registration u/s.12AB of the Act. The Ld. AR submitted that since the application for registration u/s.12AB of the Act is already remitted back to the files of CIT(E), this appeal may also be remitted back to the files of CIT(E) for reconsidering the application filed in Form 10AB u/s.80G(5)(iii) seeking approval.

The Ld. DR supported the order of the CIT(E).

We have heard rival submissions and perused material on record. We find that since we have already remitted the application for registration u/s.12AB of the Act in the appeal of the assessee vide order in dated 26.02.2025 to the files of CIT(E), in the interest of justice and equity, this appeal seeking approval u/s.80G(5) is also remitted back to the files of CIT(E) for reconsidering the application filed by the assessee in Form 10AB u/s.80G(5)(iii) of the Act, on merits. The CIT(E) shall afford reasonable opportunity of being heard to the assessee. The assessee trust is directed to co-operate with the Revenue and shall not seek unnecessary adjournment in the matter.