SRI SATHGURU SANGEETHA VIDYALAYAM,TALLAKULAM vs. COMMISSIONER OF INCOME TAX, EXEMPTIONS, NUNGAMBAKKAM
What did the Tribunal hold?
The Tribunal noted that the Commissioner of Income Tax (Exemption) rejected the application because the assessee ought to have filed under clause (iii) of the first proviso to section 80G(5) for fresh approval, but erroneously filed under clause (ii), which applies to trusts already approved and seeking re-approval. Citing its own decision in the case of M/s. Sri La Sri Sivanandha Mouna Swamigal Trust & ors. in ITA No. 873/Chny/2024 & Ors dated 24.06.2024, where the Tribunal directed the CIT(E) to pass a speaking order on merits without technicalities, the Tribunal decided to remit both matters back to the file of the CIT(E) for fresh adjudication. The grounds raised by the assessees were allowed for statistical purposes. The specific amount in dispute was not recorded. No issue was expressly left undecided.
What were the facts?
The appeals were filed by Sri Sathguru Sangeetha Samajam and Sri Sathguru Sangeetha Vidyalayam against the order dated 19.07.2024 passed by the Commissioner of Income Tax (Exemption), Chennai. The Commissioner rejected their applications filed in Form 10AB seeking approval under clause (iv) B of the first proviso to section 80G(5) of the Income Tax Act, 1961. The assessees had filed their applications online on 31.01.2024. The Commissioner rejected the applications after issuing show-cause notices, citing reasons mentioned in paragraphs 2 and 3 of the impugned order, which were not detailed in the provided text. Both appeals pertain to the assessment year 2024-25.
What were the issues?
1. Whether the Commissioner of Income Tax (Exemption) was justified in rejecting the application filed in Form 10AB seeking approval under clause (iv) B of the first proviso to section 80G(5) of the Income Tax Act, 1961, due to a clerical error in selecting the wrong clause. Assessee's Contention: The assessee argued that a mistake occurred while uploading Form 10AB, where clause (ii) of the first proviso to section 80G(5) was selected instead of clause (iii). The assessee contended that the Commissioner did not provide sufficient opportunity to rectify this clerical mistake and prayed for the matter to be remanded for fresh consideration. Revenue's Contention: The Revenue, represented by the CIT, fairly conceded to remit the matter to the file of the Commissioner of Income Tax (Exemption) for fresh consideration.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Before: Shri S.S. Viswanethra Ravi&
Year: 2024-25 Sri Sathguru Sangeetha Vidyalayam, Vs. The Commissioner of Income No. 15A, Gokhale Street, Tallakulam, Tax (Exemption), Madurai 625 002, Tamil Nadu. Chennai. [PAN: AABTS3476P] (अपीलाथ�/Appellant) (��थ�/Respondent) अपीलाथ� की ओर से / Appellant by : Shri S. Nanda Kumar, CA ��थ� की ओर से/Respondent by : Shri R. Clement Ramesh Kumar, CIT सुनवाई की तारीख/ Date of hearing : 21.11.2024 घोषणा की तारीख /Date of Pronouncement : 27.11.2024 आदेश /O R D E R PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER: Both the appeals filed by different assessees are directed against the order dated 19.07.2024 passed by the ld. Commissioner of Income Tax (Exemption), Chennai in rejecting the application filed in Form 10AB under clause (iv) B of first proviso to section 80G(5) of the Income Tax Act, 1961 [“Act” in short].
Since, the issues raised in both appeals are similar based on the same identical facts, with the consent of both the parties, we proceed to hear the appeals together and pass consolidated order for the sake of convenience.
First, we shall take up appeal in filed by Sri Sathguru Sangeetha Samajam for adjudication.
The assessee raised 12 grounds of appeal amongst which, the only issue emanates for our consideration as to whether the ld. CIT(E) is justified in rejecting the application filed in Form 10AB seeking approval under clause (iv) B of first proviso to section 80G(5) of the Act.
We note that the assessee filed online application on 31.01.2024 in Form No. 10AB seeking approval under clause (iv) B of first proviso to section 80G(5) of the Act. The ld. CIT(E), while processing the application, asked the assessee to show-cause as to why its application should not be rejected on account of reasons mentioned in para 2 & 3 of the impugned order. For having no such details, the ld. CIT(E) rejected the application of the assessee.
The ld. AR Shri S. Nanda Kumar, C.A. submits that the application of the assessee has been rejected due to the reason that in assessee’s application a mistake has occurred while uploading Form No. 10AB instead of selecting of clause (iii) of first proviso to section 80G(5) of the Act, the assessee has selected code of clause (ii) of the first proviso to section 80G(5) of the Act. He argued that the ld. CIT(E) has not provided sufficient opportunity to the assessee to rectify the clerical mistake and prayed to remand the matter to the file of the ld. CIT(E) for fresh consideration.
The ld. DR Shri R. Clement Ramesh Kumar, CIT fairly conceded to remit the matter to the file of the ld. CIT(E) for fresh consideration.
Having heard both the parties, we note that while processing the application in Form 10AB, the ld. CIT(E) noted that the assessee’s case is for fresh approval and the assessee ought to have filed its application under clause (iii) of first proviso to section 80G(5) of the Act, but, the assessee erroneously filed its application in Form No. 10AB under clause (ii) of first proviso to section 80G(5) of the Act which covers the cases of trusts which are already approved and seeking re-approval.
Similar issue on an identical fact was subject matter in appeal in the case of M/s. Sri La Sri Sivanandha Mouna Swamigal Trust & ors in & Ors dated 24.06.2024, wherein, the Tribunal directed the ld. CIT(E) to pass a speaking order on merits without going into the technicalities. Since the issue involved in the present appeal is similar, we remit the matter back to the file of the ld. CIT(E) for fresh adjudication keeping in view of the above decision of the Tribunal in the case of M/s. Sri La Sri Sivanandha Mouna Swamigal Trust & ors. (supra). Thus, the grounds raised by the assessee are allowed for statistical purposes.
Sri Sathguru Sangeetha Vidyalayam
We find that in this case also the ld. CIT(E) rejected the application seeking approval under section 80G of the Act. Since we have taken a view in remanding the matter to the file of the ld. CIT(E) in the case of Sri Sathguru Sangeetha Samajam, herein above, the view taken by us is equally applicable to the application seeking approval under section 80G of the Act in . Therefore, we deem it proper to remand the matter back to the file of the ld. CIT(E) for fresh consideration. Thus, the grounds raised by the assessee are allowed for statistical purposes.
In the result, both the appeals filed by the assessees are allowed for statistical purposes. Order pronounced on 27th November, 2024 at Chennai.
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