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Facts
The assessee received provisional approval under section 80G for AY 2021-22 to 2023-24 and applied for regularisation of this approval via Form 10AB on 22.09.2023. The CIT(Exemptions) rejected the application as it was filed belatedly. The assessee appealed this rejection.
Held
The Tribunal noted that the CBDT had extended the due date for filing Form 10AB till 30.06.2024 through a press release dated 25.04.2024. This extension aimed to mitigate genuine hardships to taxpayers and covered applications for registration under section 80G.
Key Issues
Whether the application for regularisation of approval under section 80G, filed belatedly, could be considered in light of the CBDT's extension of due dates?
Sections Cited
80G, 12AB
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH : BANGALORE
Before: SMT. BEENA PILLAI & SHRI LAXMI PRASAD SAHU
Date of hearing : 06.06.2024 Date of Pronouncement : 19.06.2024 O R D E R
Per Laxmi Prasad Sahu, Accountant Member
This appeal is filed by the assessee against the order dated 02.04.2024 of the CIT(Exemptions), Bangalore rejection registration u/s. 12AB.
The brief facts are that provisional approval u/s. 80G of the Act was granted in Form 10AC dated 09.07.2021 for AY 2021-22 to 2023- 24 and the assessee filed application in Form 10AB on 22.09.2023 for regularisation of approval u/s. 80G of the Act. The CIT(Exemptions) noted that the application in form 10AB was filed belatedly by the assessee as per proviso to section 80G(5) of the Act. He observed that CBDT Circular No.6 of 2023 dated 24.05.2023 extended time limit only for application seeking regularisation of registration u/s. 12AB obtained provisionally and not for approval u/s. 80G of the Act. He therefore rejected application of the assessee. Aggrieved, the assessee is in appeals before the ITAT.
The ld. AR submitted that the CBDT has extended the due date for filing Form 10A/10AB vide press release dated 25.04.2024 till 30.06.2024. She therefore, requested that the issue should be sent back to CIT(Exemptions) for fresh consideration.
The ld. DR relied on the orders of lower authorities.
After hearing both the sides, we note that the CBDT has extended the due date till 30.06.2024 for filing Form 10AB vide Press release dated 25.04.2024 which is as under:-
From the above, it is clear that the assessee’s case is covered by the above CBDT press release. Therefore, the matter in this appeal is remitted back to the ld. CIT(Exemptions) for fresh consideration and decision as per law.
In the result, the appeal is allowed for statistical purposes.