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

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.

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:- 2

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; 3

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

”

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.

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