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Facts
The assessee trust filed applications for regular registration under Section 12AB and Section 80G of the Income Tax Act, 1961. These applications were filed after the prescribed due dates, including an extended deadline. The CIT(Exemptions) rejected the applications solely on the ground of delay.
Held
The Tribunal held that while the applications were filed beyond the prescribed time limit, procedural lapses should not defeat substantive rights, especially for charitable trusts. The Tribunal noted that notices were issued after the due date, creating a bonafide belief that the delay might be condoned. The matter was restored to the CIT for fresh consideration with a direction to consider the condonation application.
Key Issues
Whether rejection of registration applications solely on the ground of delay, without considering the merits and allowing opportunity for condonation, is justified?
Sections Cited
12AB, 80G, 12A(1)(ac), 119(2)(b)
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Income Tax Appellate Tribunal, Hyderabad “B” Bench, Hyderabad
आदेशकी प्रनतनलनप अग्रेनर्त/ Copy of the order forwarded to:-
1. 1. निर्धाररती/The Assessee : Sevagramam Charitable Trust, E-Block, Flat No.101, Aditya Empress Towers, Shaikpet Nala, Tolichowki, Golconda Post – 500008, Hyderabad, Telangana. 2. रधजस्व/ The Revenue : The Commissioner of Income Tax (Exemption), Hyderabad.