GLOBAL ENVIRONMENT RESEARCH FOUNDATION,NADIA vs. CIT (EXEMPTION), , KOLKATA
What did the Tribunal hold?
The Tribunal, citing *Nitdaa Foundation*, held that the assessee, being an old entity, should have applied under Section 80G(5)(i), and that mentioning the wrong clause (iii) was a curable defect. The order of the CIT (Exemption) was set aside, and the matter was remanded to him for reconsideration of the application as one filed under clause (i) of the first proviso to Section 80G(5).
What were the facts?
The assessee, Global Environment Research Foundation, received provisional approval u/s 80G(5)(iv) for its charitable activities. Subsequently, it applied for final approval u/s 80G(5)(iii), but the CIT (Exemption) rejected the application, citing late filing as the assessee had already commenced activities in FY 2020-21, and therefore, the application was not filed within the prescribed time limit.
What were the issues?
Whether the CIT (Exemption) erred in rejecting the application for 80G(5)(iii) approval due to late filing for an existing entity, and whether the incorrect mention of a sub-clause by the assessee is a curable defect.
Which sections of the Income-tax Act were involved?
Section 80G(5)(iii),Section 80G(5)(iv),Section 80G(5),Section 12AA
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)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.
- Nitdaa Foundation v. CIT17 citing167 Taxmann.com 111 · 2024 · ITAT
Income Tax Appellate Tribunal, KOLKATA ‘B’ BENCH, KOLKATA
Before: SHRI GEORGE MATHAN & SHRI RAKESH MISHRA
order
: 09-July-2025 ORDER
PER RAKESH MISHRA, ACCOUNTANT MEMBER:
This appeal filed by the assessee is against the order of the Ld. Commissioner of Income Tax (Exemption)-Kolkata [hereinafter referred to as the ‘Ld. CIT (Exemption)’] passed in respect of registration u/s 80G(5)(iii) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 27.01.2025.
Brief facts of the case are that the assessee claims to carry on charitable activities and was granted provisional approval u/s 80G(5)(iv) of the Act in Form No. 10AC by CPC, Bengaluru vide order dated 23.09.2021 for a period from 23.09.2021 to A.Y. 2024-25. Subsequently, an application for approval of the trust u/s 80G(5)(iii) of the I.T. Act, 1961 was filed electronically. A notice was issued to the applicant/assessee on 27.12.2024 to furnish detailed note on the activities carried out by the assessee, as well as certain details/documents as mentioned therein, which was considered necessary in view of the mandatory provisions of the procedure for approval u/s 80G(5)(iii) of the Act, 1961. The submissions filed by the assessee were examined and it was found that the assessee had already commenced its activities in the financial year 2020-21 and the extended due date for filing the application in Form No. 10AB was 30/06/2024 as per the CBDT’s Circular No. 07/2024 dated 25/04/2024. It was also noted by the Ld. CIT(Exemption) that the assessee had incurred
Similar judgments
Other orders that rely on the same authority or decide the same section.
- Shri Modasa Ekda Visha Khadayata Modipunch… vs The CIT(Exemption), AhmedabadAhmedabad14 Aug 2025Allowed
Also relies on Nitdaa Foundation v. CIT
The Tribunal, relying on precedent, held that the error in selecting the clause was an inadvertent and curable defect. It remitted the issue back to the CIT(E) with a direction to consider the application under the corre...
- Sindhu Charitable Trust, Kolkata vs CIT (Exemption), KolkataKolkata23 Jul 2025Allowed
Also relies on Nitdaa Foundation v. CIT
The Tribunal held that the assessee, being an existing trust, should have applied under clause (i) of the first proviso to section 80G(5), not clause (iii) as a new trust. The error in mentioning the wrong clause was dee...
- Modasa Ekda Visha Khadayata Kovadia… vs The CIT(Exemption), AhmedabadAhmedabad16 Jul 2025Allowed
Also relies on Nitdaa Foundation v. CIT
The Tribunal held that the selection of the wrong section code was an inadvertent and curable defect. Following previous decisions, the Tribunal remitted the issue back to the CIT(E) to consider the application under the...
- Pushpa Devi Sobhasaria Foundation, Kolkata vs CIT(Exemption), KolkataKolkata23 Oct 2025Remanded
Also relies on Nitdaa Foundation v. CIT
The Tribunal held that the CIT(E) erred in rejecting the application as time-barred and on an incorrect appreciation of facts. Citing a similar case, it clarified that as an existing trust, the assessee should have appli...
- Skilletz Foundation, Pune vs Commissioner of Income Tax- Exemption, PunePune18 Sept 2025Remanded
Also relies on Nitdaa Foundation v. CIT
The Tribunal found that the application was rejected solely on a technical error regarding the wrong section code, with no adverse findings on merits. Following judicial precedents, the Tribunal set aside the CIT's order...
More judgments on Section 80G(5)(iii)
- Sevasetu Foundation, Vadodara vs Commissioner of Income Tax (Exemption)…ITA 3149/AHD/2026[NA]Status: Disposed19 Oct 2026
- Sevasetu Foundation, Vadodara vs Commissioner of Income Tax (Exemption)…ITA 3148/AHD/2026[NA]Status: Disposed19 Oct 2026
- Shri Hari Har Charitable and Welfare Trust… vs ITO, FaridabadITA 7241/DEL/2025[2026-27]Status: Disposed29 Sept 2026AY 2026-27
- Shree Vallabh Dham Charitable Trust, Delhi vs CIT(Exemption), DelhiITA 2516/DEL/2026[2024-25]Status: Disposed23 Sept 2026AY 2024-25
- Shree Vallabh Dham Charitable Trust, Delhi vs CIT(Exemption), DelhiITA 2515/DEL/2026[2024-25]Status: Disposed23 Sept 2026AY 2024-25
Latest GST High Court judgments
Search GST case law →- M/S Sahoo Supply Agency,Balasore vs. Central Board Of Indirect Taxes And Customs,New DelhiOrissa · 3 Nov 2026
- M/S Jyoti Consultants, Agrahat vs. Pr. Commissioner GST And Central Excise Commissionerate, BhubaneswarOrissa · 3 Nov 2026
- M/S. Sahoo Supply Agency vs. Central Board Of Indirect Taxes And CustomsOrissa · 3 Nov 2026
- Gopal Aromatic PVT. LTD., Cuttack vs. Union Of INDIAOrissa · 3 Nov 2026
- M/S. Nourangi Paints vs. The Union Of INDIAPatna · 2 Nov 2026