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Facts
The assessee trust filed an application in Form 10AB for approval under Section 80G(5) of the Income Tax Act, 1961. The CIT(E) dismissed the application, holding that the assessee did not fulfill the stipulated conditions for filing the application within the prescribed time limit.
Held
The ITAT found that the CIT(E) did not specify the date on which the assessee started its activities and did not discuss the relevant material or submissions from the assessee. Therefore, the Tribunal decided to restore the matter back to the CIT(E).
Key Issues
Whether the CIT(E) erred in rejecting the application for exemption without granting a personal hearing and by summarily rejecting it for not fulfilling conditions within the prescribed time limit.
Sections Cited
80G(5)
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Income Tax Appellate Tribunal, MUMBAI BENCH “G”, MUMBAI
Before: SHRI AMARJIT SINGH & MS. KAVITHA RAJAGOPAL
O R D E R
PER AMARJIT SINGH, ACCOUNTANT MEMBER:
This appeal of the assessee for the assessment year 2025-26 is directed against the order dated 12.03.2024 passed by the ld. Commissioner of Income-tax (Exemptions), Mumbai. The assessee has raised the following grounds of appeal:
“1) The appellant submit that on the facts and in the circumstances of the case and in law, the honourable Commissioner of Income Tax Exemption, Mumbai erred in rejecting the application for exemption s 80G(5) made by the appellant trust without granting personal hearing before rejecting the application.
2) On the facts and in the circumstances of the case and in law the honourable Commissioner of Income Tax Exemption, Mumbai erred in summarily rejecting the application holding that the assessee is not fulfilling the stipulated conditions prescribed for filling application for approval in Form 10AB within the prescribed time limit and ignoring the facts and circumstances of the case therein infact the activities of the Shri Govind Balwant Shastri Patwardhan Trust A.Y. 2025-26 trust are genuine and it is satisfying all the conditions of registration w/s 80G(5) of the Income Tax Act, 1961. 3) The appellant craves to add, alter, amend or modify all or any of the ground of Appeal.”
Fact in brief is that assessee trust has filed application in Form 10AB for granting approval u/s 10G(5) of the Act. The ld. CIT(E) has dismissed the application filed by the assessee holding that assessee has not fulfilled the stipulated conditions prescribed for filing application for approval in Form 10AB of the Act.
Heard the ld. DR and perused the material on record. The assessee has filed application in form 10AB u/s 80G(5) of the Act. However, the ld. CIT(A) has dismissed the application of the assessee holding that same is not maintainable as assessee has not fulfilled the stipulated conditions prescribed for filing approval in Form 10AB of the Act. The relevant extract of the finding of ld. CIT(E) is as under:
“On verification of the facts and circumstances of the case, it if found that the assessee has started activity before the receipt of provisional registration. In view of this the assessee has to file Form 10AB, six months from the date of provisional approval i.e. April 2022, while the assessee have filed Form 10AB of 80G on 26.09.2023. As such the assessee is not fulfilling the stipulated conditions prescribed for filing application for approval in Form 10AB. In view of the same, this application for grant of approval is not maintainable and the same is rejected.”
The ld. CIT(E) has not specified the date on which the assessee has started its activities. The ld. CIT(E) has also not discussed any relevant material and submission of the assessee in support of his conclusion that assessee has not fulfilled stipulated conditions.
In the light of the facts and circumstances, we consider it appropriate to restore the matter back to the ld. CIT(E) for passing speaking order on merit after providing adequate opportunity of hearing
Shri Govind Balwant Shastri Patwardhan Trust A.Y. 2025-26 to the assessee. The assessee is also directed to make due compliance before the ld. CIT(E) without any failure. Therefore, the appeal of the assessee is allowed for statistical purposes.
In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open court on 31.07.2024.