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Facts
The assessee, M/s. Sonopant Shikshan Mandali, applied for registration under Section 80G of the Income Tax Act, 1961, for AY 2024-25. The Commissioner of Income Tax (Exemption) rejected this application because the assessee did not possess the mandatory registration under Section 12A or 10(23C) of the Act. The assessee appealed the rejection, informing the Tribunal that a fresh application under Section 10(23C) was currently pending adjudication.
Held
The Tribunal upheld the Commissioner's decision to reject the Section 80G application, confirming that such registration requires prior registration under Section 12A or 10(23C). However, the Tribunal dismissed the appeal with liberty, allowing the assessee to file a fresh Section 80G application once they secure the necessary Section 12A or 10(23C) registration.
Key Issues
Whether an application for Section 80G registration can be granted without prior registration under Section 12A or Section 10(23C) of the Income Tax Act.
Sections Cited
Section 80G, Section 12A, Section 10(23C)
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Income Tax Appellate Tribunal, MUMBAI BENCH “G”, MUMBAI
Before: SHRI NARENDER KUMAR CHOUDHRY & SHRI RATNESH NANDAN SAHAY
Per : Narender Kumar Choudhry, Judicial Member:
This appeal has been preferred by the Assessee against the order dated 02.04.2024, impugned herein, passed by the Ld. Commissioner of Income Tax (Exemption) (in short Ld. Commissioner) under section 80G of the Income Tax Act, 1961 (in short ‘the Act’) for the A.Y. 2024-25.
At the outset, the Ld. AR of the Assessee honestly submitted and not refuted by the Ld. DR that in the instant case, as on the date of passing the impugned order by rejecting the application filed by the Assessee u/s 80G of the Act the Assessee was not having registration either u/s 12A or 10(23)C of the Act and therefore the Ld. Commissioner correctly rejected the application filed by the Assessee u/s 80G of the Act. However, the latest application filed by the Assessee u/s 10(23)C of the Act is still pending for adjudication.
Considering the aforesaid submissions, the appeal filed by the Assessee is liable to be dismissed with liberty to the Assessee to file appropriate application afresh only after getting registration u/s 10(23)C or otherwise u/s 12A of the Act.
Hence, the instant appeal is dismissed, with liberty to the Assessee as mentioned above.
Order pronounced in the open court on 30.08.2024.