PUNYAM EDUCATION TRUST,THANE vs. COMMISSIONER OF INCOME TAX EXEMPTION, PUNE

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ITA 2864/MUM/2024Status: DisposedITAT Mumbai25 July 2024Bench: SHRI NARENDRA KUMAR BILLAIYA, HON'BLE (Accountant Member), SHRI RAJ KUMAR CHAUHAN, HON'BLE (Judicial Member)1 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 noted that CBDT Circular No. 7 of 2024 extended the due date for filing Form 10AB to 30.06.2024. The CIT(E) was directed to reconsider the application in light of this circular.

What were the facts?

The assessee's application for registration under section 80G was rejected by the CIT(E) due to a delay in filing Form 10AB. The assessee appealed this rejection.

What were the issues?

Whether the rejection of registration under section 80G for delay in filing Form 10AB was justified in light of subsequent CBDT circular extending the due date.

Which sections of the Income-tax Act were involved?

Section 80G,Section 119,Section 10A,Section 10AB

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, MUMBAI

Before: SHRI NARENDRA KUMAR BILLAIYA, HON’BLE & SHRI RAJ KUMAR CHAUHAN, HON’BLE

For Appellant: Shri Rakesh Joshi, A/R
Hearing: 25/07/2024Pronounced: 25/07/2024

PER NARENDRA KUMAR BILLAIYA, AM:

This appeal by the assessee is preferred against the order dt. 15/04/2024 by CIT, Exemption, Pune [CIT(E)], by which the ld. CIT(E) rejected the application of the assessee seeking registration u/s 80G of the Act.

2.

We find that the application was rejected because there was a delay in filing Form 10AB. We find that the CBDT vide Circular No. 7 of 2024 dt. 25/04/2024 has extended the due date for filing Form 10AB to 30/06/2024. The Circular reads as under:- Ministry of Finance Central Board of Direct Taxes

Sub:

On consideration of difficulties sported by the taxpayers and other stakeholders in the No. 6/2023 dated 24.05.2023. 30.09.2023. section (1) of section 35 of the Act, till 30.06.2024;

of section 10 or under sub-clause (iii) of clause (ac) of sub-section (1) of section l2A or under treated as a valid application.

paragraph 3(ii) i.e. 30.06.2024. l0A for AY 2022-23 within the due date as extended by the CBDT circular no. 6/2023 dated

extended time provided in paragraph 3(i) i.e. 30.06.2024. I.T.A. No. 2864/Mum/2024 4

”

3.

In light of the above Circular, the ld. CIT(E) is directed to reconsider the application and decide the issue afresh after affording a reasonable and adequate opportunity of being heard to the assessee.

4.

In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced in the Court on 25th July, 2024 at Mumbai. (RAJ KUMAR CHAUHAN) ACCOUNTANT MEMBER Mumbai, Dated 25/07/2024 *SC SrPs *SC SrPs *SC SrPs *SC SrPs

आदेश की "ितिलिप अ"ेिषत/Copy of the Order forwarded to : अपीलाथ" / The Appellant

1.

""थ" / The Respondent 2. संबंिधत आयकर आयु" / Concerned Pr. CIT 3. आयकर आयु" अपील

4.

( ) / The CIT(A)- िवभागीय "ितिनिध ,आयकर अपीलीय अिधकरण, मुंबई /DR,ITAT, Mumbai, 5. गाड" फाई/ Guard file. 6. आदेशानुसार/ BY ORDER,

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