HINDUSTHAN MUKTHA FOUNDATION,BANGALORE vs. THE COMMISSIONER OF INCOME TAX, EXEMPTIONS, BANGALORE
Facts
The assessee was granted provisional registration in 2022 and subsequently filed an application for renewal on 20.11.2023. The CIT(E) rejected this application, holding it to be barred by limitation.
Held
The Tribunal noted a CBDT circular extending the due date for filing renewal applications under sections 12A and 80G. Both parties acknowledged this circular, and the Tribunal decided to restore the matter to the CIT(E) for a decision on merits.
Key Issues
Whether the application for renewal of registration under sections 12A and 80G was barred by limitation, considering the CBDT circular extending the due date.
Sections Cited
12A, 80G, 119
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH : BANGALORE
Before: SHRI CHANDRA POOJARI, ACCOUNTANT
IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH : BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBERRANDSHRI PRAKASH CHAND YADAV, JUDICIAL MEMBER ITA Nos.900 and 901/Bang/2024 Assessment Year :NA M/s.Hindusthan Muktha Foundation, Vs. CIT (Exemption), #222/4 National Park Road, Bengaluru. Bannerughatta, Bannerghatta S.O Bangalore South, Bengaluru – 560 083. PAN :AACTH5828H APPELLANT RESPONDENT Assessee by : Shri. Pundarikaksha, CA Revenue by : Ms. Anjala Sahu, CIT(DR)(ITAT), Bengaluru. Date of hearing : 24.06.2024 Date of Pronouncement : 28.06.2024
O R D E R Per Prakash Chand Yadav, Judicial Member :
Both these appeals of the assessee are arising from the Order of the CIT(E) dated 12.04.2024. The main grievance of the assessee in these appeals is regarding the rejection of the application of the assessee vis-à-vis renewal of registration under sections 12A and 80G. In this case, assessee has been granted provisional registration by the Department somewhere in 2022 and thereafter the assessee filed application for renewal of this registration granted earlier vide his application dated 20.11.2023. The CIT(E) while dealing with the application dated 20.11.2023 has held that the applications filed by the assessee are barred by limitation and hence not maintainable.
Feeling aggrieved assessee filed appeal before us. The learned Counsel for the assessee has drawn the attention of the Bench towards the Circular of CBDT no-7 dated 25.04.2024 (copy placed on record) and contended that the CBDT while exercising its
ITA Nos.900 and 901/Bang/2024 Page 2 of 2
power under section 119 of the Act has extended the due date for filing the applications for renewal of registration under sections 12A and 80G of the Act.
3 The learned DR has also acknowledged this circular and requested that the matter may be restored to the CIT(E) for deciding afresh on merits.
After considering the rival submissions and material on record, we are of the view that in view of the latest guidelines of CBDT(Supra) the CIT(E) will decide the applications of the assessee for the renewal of registration under section 12A and 80G of the Act on merits. In view of this, we restore these appeals of the assessee to the file of the CIT(E) to decide on merits in accordance with law.
In the result, appeals filed by the assessee are allowed for statistical purposes.
Pronounced in the open court on the date mentioned on the caption page.
Sd/ - Sd/- (CHANDRA POOJARI) (PRAKASH CHAND YADAV) Accountant Member Judicial Member Bangalore. Dated: 28.06.2024. /NS/*
Copy to: 1. Appellants 2. Respondent 3. DRP 4. CIT 5. CIT(A) 6. DR,ITAT, Bangalore. 7. Guard file By order
Assistant Registrar, ITAT, Bangalore.
