NIRDESH EDUCATION AND RESEARCH FOUNDATION,VADODARA vs. THE CIT(EXEMPTION), AHMEDABAD

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ITA 1940/AHD/2024Status: DisposedITAT Ahmedabad20 February 20255 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the rejection of the applications by the CIT(E) was not sustainable. Following the decision of a coordinate bench in the case of Sant Vijaydasji Sevashram Trust, the Tribunal found that a simple mistake in quoting a clause of Section 80G was not fatal to the application's validity. The reasoning was that such an error should not invalidate the entire application, and the assessee should be given an opportunity to rectify or have their application considered afresh. The Tribunal set aside the orders of the CIT(E) in all six cases and restored the matters back to the CIT(E)'s file. The CIT(E) was directed to consider the applications afresh after granting an opportunity of being heard to the assessees. The appeals were allowed for statistical purposes. No issue was expressly left undecided.

What were the facts?

Six assessees, Pooja Pariwar Seva Trust and five other foundations, filed appeals before the Income Tax Appellate Tribunal (ITAT), Ahmedabad Bench. The appeals challenged separate orders passed by the Commissioner of Income Tax (Exemption), Ahmedabad (CIT(E)), which rejected their applications for approval under Section 80G(5)(iv)(B) of the Income Tax Act, 1961. The assessees had previously been granted provisional approval. The appeals were heard together and disposed of by a consolidated order. The procedural history involves the rejection of applications by the CIT(E) and subsequent appeals to the ITAT.

What were the issues?

1. Whether the rejection of the application for approval under Section 80G(5)(iv)(B) by the CIT(E) was legally sustainable, considering the assessee's contention that a minor error in the application should not be fatal to its validity (Section 80G(5)(iv)(B)). 2. Whether the rejection of a previously granted provisional registration under Section 80G was justified. Assessee's Contentions: The assessees argued that the rejection by the CIT(E) was erroneous. They relied on a coordinate bench decision in the case of Sant Vijaydasji Sevashram Trust (ITA No.1928/Ahd/2024), which held that a simple mistake of quoting a wrong clause (clause (iii) instead of (iv) of Section 80G) was not fatal and directed the CIT(E) to consider the application de novo. The assessees requested the matter be restored to the CIT(E)'s file. Revenue's Contentions: The Departmental Representative (DR) did not object to restoring the matter back to the file of the CIT(E) for fresh adjudication.

Which sections of the Income-tax Act were involved?

Section 80G(5)(iv)(B),Section 10AD

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, AHMEDABAD

Before: SHRI T.R. SENTHIL KUMAR & SHRI MAKARAND V. MAHADEOKAR

For Respondent: Shri Arvind Kumar, CIT-DR
Hearing: 19/02/2025Pronounced: 20/02/2025

These six appeals have been filed by the different Assessees against the separate orders passed by the Commissioner of Income Tax (Exemption), Ahmedabad [hereinafter referred to as “CIT(E)”], rejecting the approval under Section 80G(5)(iv)(B) of the Income Tax Act, 1961 [hereinafter referred to as “the Act”]. Since all these appeals were heard together, we proceed to dispose of all these appeals of the Assessees by a consolidated order.

2. The assessees have taken the following common grounds of appeal(s):

“1. The Ld.CIT erred in law and in the facts of the case in rejecting the application for registration u/s.10AD of the Act.

2.

The Ld.CIT erred in law and in the facts of the case in rejecting the provisional registration which was granted earlier.”

3. First, we shall take up the assessee’s appeal in as lead case.

& 5 Others Pooja Pariwar Seva Trust & five Others vs. CIT(E)

3 Facts of the Case:

3.

The assessee, Pooja Pariwar Seva Trust, applied for renewal of approval under Section 80G(5)(iv)(B) of the Act by filing Form 10AB. The assessee was granted provisional approval under the said section.

4.

Aggrieved by the order of the CIT(E), the assessee has filed the present appeal before us, contending that CIT(E) has rejected the application.

5.

During the course of hearing before us, the Authorized Representative (AR) relied on the decision of Co-ordinate Bench in the case of Sant Vijaydasji Sevashram Trust Dakor (in wherein the Co- ordinate Bench held that such mistake is not fatal to treat the application as invalid and ld.CIT(E) was directed to consider the application of the assessee and pass on order de-novo. The AR requested to restore the matter back to the file of CIT(E). The Departmental Representative (DR) did not object to restoring the matter back to the file of CIT(E) for fresh adjudication.

6.

We have heard both the parties and perused the material on record. We find that the Coordinate Bench has allowed the appeal of the assessee in (Sant Vijaydasji Sevashram Trust vs. CIT) vide order dated 17/01/2025. The relevant para of the said order, reads as under:

“4. The application of the assessee has been rejected owing to a simple mistake of quoting clause (iii) instead of clause (iv) of Section 80G of the Income-tax Act. Such mistake is not fatal to treat the application as invalid and hence ld.CIT(E) is directed to consider the application of the assessee and pass an order de-novo.”

& 5 Others Pooja Pariwar Seva Trust & five Others vs. CIT(E)

6.1. Considering the facts and following the order of Co-ordinate Bench, we set aside the order of the CIT(E) and restore the matter back to his file to consider the application of the assessee and pass on order de-novo. Accordingly, the appeal in is allowed for statistical purposes.

(in the case of Ojas Foundation), the delay of 11 days in filing the appeal is duly explained as the trustee was out of India and took necessary steps upon return. As the delay is bona fide and not due to negligence, it is condoned and the appeal is admitted for adjudication on merits.

6.4. Since all other appeals (ITA Nos.1933/Ahd/2024, 1940/Ahd/2024, 1978/Ahd/2024 and 1979/Ahd/2024) involve identical issues, following the order of Co-ordinate Bench in Sant Vijaydasji Sevashram Trust vs. CIT (supra), we set aside the orders of the CIT(E) in all five cases and restore the matters back to his files. The CIT(E) is directed to duly consider the applications afresh, after granting an opportunity of being heard to the assessees.

7.

In the combined result, all the six appeals of the assessees are allowed for statistical purposes. Order pronounced in the Open Court on 20th February, 2025 at Ahmedabad.

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