HINDUSTHAN MUKTHA FOUNDATION,BANGALORE vs. THE COMMISSIONER OF INCOME TAX, EXEMPTIONS , BANGALORE

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ITA 901/BANG/2024Status: DisposedITAT Bangalore28 June 2024Bench: SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER ANDSHRI PRAKASH CHAND YADAV (Judicial Member)1 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal considered a CBDT Circular extending the due date for filing renewal applications under sections 12A and 80G. Acknowledging this circular, the Tribunal restored the matter to the CIT(E) for a decision on merits.

What were the facts?

The assessee, granted provisional registration in 2022, filed an application for renewal on 20.11.2023. The CIT(E) rejected this application, deeming it barred by limitation. The assessee appealed this decision.

What were the issues?

Whether the application for renewal of registration under sections 12A and 80G was rightly rejected as barred by limitation, considering the CBDT circular extending the due date.

Which sections of the Income-tax Act were involved?

Section 12A,Section 80G,Section 119

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH : BANGALORE

Before: SHRI CHANDRA POOJARI, ACCOUNTANT

For Appellant: Shri. Pundarikaksha, CA
For Respondent: Ms. Anjala Sahu, CIT(DR)(ITAT), Bengaluru
Hearing: 24.06.2024Pronounced: 28.06.2024

O R D E R Per Prakash Chand Yadav, Judicial Member :

1.

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.

2.

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 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.

4. 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.

4.

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.

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