Loading judgment…
Facts
The assessee appealed against the rejection of its application for Section 80G(5)(iii) exemption by the CIT(Exemption) (vide order dated 28.11.2024) for AY 2022-23 to 2026-27. This rejection occurred despite the assessee having previously been granted provisional registration under Section 12AB(1)(b) by the same authority on 16.11.2024. A 45-day delay in filing the appeal was condoned by the Tribunal.
Held
The Tribunal noted that the CIT(Exemption) rejected the 80G application citing lack of Form-10AC, overlooking the assessee's provisional registration under Section 12AB(1)(b) for the relevant period. Consequently, the case was restored to the CIT(Exemption) for re-adjudication of the Section 80G(5)(iii) exemption in light of the already granted provisional registration. The appeal was allowed for statistical purposes.
Key Issues
Whether the rejection of an application for Section 80G(5)(iii) exemption is valid when provisional registration under Section 12AB(1)(b) has already been granted, necessitating reconsideration by the CIT(Exemption).
Sections Cited
80G(5)(iii), 12AB(1)(b)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH, KOLKATA
Before: SHRI DUVVURU RL REDDY & SHRI RAJESH KUMAR
O R D E R
Per Rajesh Kumar, AM :
This is an appeal filed by the assessee against the order dated 16.11.2024, passed by the ld. CIT(Exemption), Kolkata, for the assessment year 2022-23 to 2026-27.
At the outset we note that there is a delay of 45 days in filing of appeal before the Tribunal for which the assessee has filed condonation petition along with affidavit. After perusing the contents of the petition, we are of the view that the delay of 45 days in filing the appeal is bonafide and accordingly we condone the same and admit the appeal for adjudication. 3. The only issue raised by the assessee is against the rejection of application for granting exemption u/s.80G(5)(iii) of the Act vide order dated 28.11.2024 despite the fact that the assessee was granted 2 registration u/s.12AB(1)(b) of the Act dated 16.11.2024 for a period from 2022-23 to 2026-27. 4. After hearing the rival contentions and perusing the material available on record, we observe that the ld. CIT(A) rejected the application filed by the assessee for granting registration u/s.80G(5)(iii) of the Act on the ground that the same is not maintainable that the assessee has no Form-10AC (order of provisions registration) for 80G exemption, however, we note that the assessee has already been granted the provisional registration by the ld. CIT(E) vide order dated 16.11.2024. Consequently, we restore this appeal to the file of ld. CIT(E) with a direction to decide the issue of granting exemption u/s.80G(5)(iii) of the Act in the light of provisional registration already granted by the ld. CIT(E) vide order dated 16.11.2024, which is effective from A.Y.2022-23 to 2026- 27. In view of the above, appeal of the assessee is allowed for statistical purposes. 5. In the result, appeal of the assessee is allowed for statistical purposes Order pronounced in the open court on 26/08/2025. (RAJESH KUMAR) (DUVVURU RL REDDY) उपाध्यक्ष / VICE PRESIDENT लेखा सदस्य/ ACCOUNTANT MEMBER कोलकाता Kolkata; ददनाांक Dated 26/08/2025 Prakash Kumar Mishra, Sr.P.S.