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Facts
The assessee trust filed an application for approval under Section 80G, which was rejected by the CIT(E). The rejection was based on the failure to furnish required details and the lack of valid registration under Section 12A. The assessee appealed this rejection.
Held
The Tribunal set aside the impugned order and restored the matter of registration under Section 80G back to the file of the Ld. CIT(E). The assessee was directed to substantiate its case.
Key Issues
Whether the rejection of the Section 80G approval application was justified due to pending Section 12A registration and non-furnishing of details.
Sections Cited
80G, 12A
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Income Tax Appellate Tribunal, “A” BENCH, CHENNAI
Before: HON’BLE SHRI S.S. VISWANETHRA RAVI, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aggrieved by rejection of an application filed in Form No.10AB on 16.02.2024 for seeking approval u/s 80G vide impugned order dated 14.08.2024, the assessee is in further appeal before us.
Upon perusal of impugned order, it could be seen that the application has been rejected in view of the fact that the assessee failed to furnish the required details as called for by approving authority in hearing notices. It was also noted that the assessee did not have valid registration u/s 12A under new regime till AY 2024-25. The same was pre-requisite for grant of registration u/s 80G and therefore, the application was rejected. The Ld. CIT(E) also referred to the income and expenditure of the assessee. Aggrieved, the assessee is in further appeal before us.
The Ld. AR stated that no details were called for on income aspect. The Ld. AR also stated that its registration application u/s 12A is also pending and the assessee is seeking fresh registration from this year only. The Ld. AR submitted that both the applications may be considered together and the matter may be remitted back to Ld. CIT(E).
Accepting the prayer of Ld. AR, we set aside the impugned order and restore the matter of registration u/s 80G back to the file of Ld. CIT(E) with a direction to the assessee to substantiate its case.
The appeal stand allowed for statistical purposes. Order pronounced on 2nd January, 2025 Sd/- Sd/- (S. S. VISWANETHRA RAVI) (MANOJ KUMAR AGGARWAL) �ाियक सद! / JUDICIAL MEMBER लेखा सद! / ACCOUNTANT MEMBER चे4ई Chennai; िदनांक Dated : 02-01-2025 DS आदेशकीQितिलिपअ&ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. � थ�/Respondent 3. आयकरआयु=/CIT Madurai/Chennai 4. िवभागीय�ितिनिध/DR 5. गाडBफाईल/GF