M/S. SAHABALVE, ,BANGALORE vs. THE COMMISSIONER OF INCOME TAX, ( EXEMPTIONS), BANGALORE

PDF · subscribers
ITA 529/BANG/2024Status: DisposedITAT Bangalore19 June 2024AY 2023-24Bench: SMT. BEENA PILLAI (Judicial Member), SHRI LAXMI PRASAD SAHU (Accountant 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 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.

What were the 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.

What were the 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?

Which sections of the Income-tax Act were involved?

Section 80G,Section 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

For Appellant: Ms. Sunaina Bhatia, CA
For Respondent: Shri Senthil Kumar, CIT(DR)(ITAT), Bengaluru
Hearing: 06.06.2024Pronounced: 19.06.2024

Date of hearing : 06.06.2024 Date of Pronouncement : 19.06.2024 O R D E R

Per Laxmi Prasad Sahu, Accountant Member

1.

This appeal is filed by the assessee against the order dated 02.04.2024 of the CIT(Exemptions), Bangalore rejection registration u/s. 12AB.

2.

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.

3.

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.

4.

The ld. DR relied on the orders of lower authorities.

5.

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:-

6.

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.

7.

In the result, the appeal is allowed for statistical purposes.

More judgments on Section 80G

All 6,482 judgments and leading authorities on Section 80G →

Recent GST High Court judgments

Search GST case law →