BHABRIANI SAMADH BABA VERA JI WELFARE SOCIETY,AMRITSAR vs. THE COMMISSIONER OF INCOME TAX (EXEMPTIONS), CHANDIGARH, CHANDIGARH
What did the Tribunal hold?
The Tribunal upheld the CIT(E)'s rejection of the current applications due to the technical deficiency of filing under the wrong clause. However, it granted liberty to the assessees to file fresh applications under the correct clause, directing the CIT(E) to condone the delay and consider them de novo without prejudice to the merits.
What were the facts?
Two assessee trusts filed applications for registration under section 80G(5)(ii) of the Income Tax Act, which were rejected by the CIT(E) on 05.08.2024. The rejection was primarily because the applications were filed under the wrong clause, rendering them not maintainable.
What were the issues?
Whether the CIT(E) was justified in rejecting applications for 80G registration due to filing under an incorrect clause and the process for rectifying such technical deficiencies.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR.
Before: DR. M. L. MEENA & SH. UDAYAN DASGUPTA
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
Per: DR. M.L. Meena, AM.:
Both the appeals have been preferred by the assessee feeling aggrieved by two separate orders passed by Learned Commissioner of Income Tax (Exemption), Chandigarh [hereinafter referred to “the CIT(E)”] even dated 05.08.2024 challenging therein rejection of their application for registration under section 80G (5) (ii) of the Income Tax Act (In short ‘the Act’).
None attended for the assessee. However, after hearing the Ld. CIT (DR) and going through the written submission dated 05.08.2025 filed by the assessee, we find that there was short delay of 35 days and 38 days in the and 604/Asr/2024 respectively. The short delay in filing these appeals have been condoned as the Ld. DR has no objection. Accordingly, these appeals were admitted on merits.
From the perusal of record, we find that the Ld. CIT exemption has rejected both the applications filed by the assessee in Form No. 10AB seeking approval u/s 80G (5) (ii) of the Income Tax Act summarily with similar observation as under:
“The application filed by the applicant is under wrong clause as the same is not applicable in the case. Hence, the application is cancelled being not maintainable.
It is observed that application filed by the applicant is applicable in the cases where the institution or fund is approved under section 80G(5) for 5 years and the aforementioned application is required to be filed when the period of such approval is due to expire, at least 6 months prior to expiry of the said period as per the provisions of Section 80G(5)(ii) of the act.”
From the record it is evident that the Ld. CIT (E) has categorically observed that the application was filed by the applicant under wrong clause as the same is not applicable in the case. Hence, the application is cancelled, not being maintainable.
Meaning thereby that the failure on the part of the appellant was technical deficiency in filling Form 10 AB in wrong clause. The aforesaid deficiency pointed out by the Ld. CIT (E) could be removed on filing Fresh application by the appellant in Form 10 AB in the correct clause applicable for the approval u/s 80G(5)(ii) of the Act.
Accordingly, we find no infirmity in the order of the Ld. CIT Exemption in rejecting the approval u/s 80G(5)(ii) of the Act. Thus, the instant appeals of the and 604/Asr/2024 are liable to be rejected.
Without prejudice to the above, we allow liberty to both the assessee Trusts to file afresh application in correct clause in the prescribed Form for the approval u/s 80G(5)(ii) of the Act, before the CIT (E) who shall condone the delay and examine the application of the assessee Trust de novo as per the mandate. Thus, the assessee Trusts are granted liberty that delay in filing the applications for approval before the Ld. CIT (E) would be condoned in view of the technical deficiency in their previous applications.
Without prejudice to the above, we make it clear that we have expressed no opinion on the merits of the case and therefore, the Ld. CIT (E) shall be at liberty to take a view without being influenced by any observation made hereinabove.
In the backdrop of the aforesaid discussion, both the instant appeals are dismissed.
Order pronounced on 26.09.2025 in the open Court.
More judgments on Section 80G(5)(ii)
- Lalaram Gupta Charitable Trust, Agra vs ITO, Exemption, AgraITA 660/AGR/2026[2025-26]Status: Disposed15 Oct 2026AY 2025-26
- Lalaram Charitable Trust, Agra vs ITO, Exemption, AgraITA 659/AGR/2026[2025-26]Status: Disposed15 Oct 2026AY 2025-26
- Yashaswi Academy for Skills, Pune vs PCIT (Central), PuneITA 2448/PUN/2026[NA]Status: Disposed13 Oct 2026
- Yashaswi Academy for Skills, Pune vs PCIT (Central), PuneITA 2447/PUN/2026[NA]Status: Disposed13 Oct 2026
- Samvedna Foundation Trust, Agra vs ITO, Ward Exemption, AgraITA 496/AGR/2026[2025-26]Status: Disposed12 Oct 2026AY 2025-26
Recent GST High Court judgments
Search GST case law →- Jai Ram Gupta vs. The State Of Madhya PradeshMadhya Pradesh · 23 Oct 2026
- Maa Baglamukhi Construction Thr Propriter Aryan Dhingra vs. The State Of Madhya PradeshMadhya Pradesh · 22 Oct 2026
- Ankil Jagdishchandra Kholwadwala vs. Union Of INDIA And AnrBombay · 22 Oct 2026
- Imtiyaz Shaikh Z Chorlekar vs. Salman ShaikhBombay · 21 Oct 2026
- S. Nithyananda vs. State Of KarnatakaKarnataka · 17 Oct 2026