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Facts
The assessee filed an appeal against the order of the CIT(E) rejecting their application for registration under section 80G(5) of the Income Tax Act, 1961. The rejection was based on the application being filed beyond the due date and the CIT's inability to condone the delay.
Held
The Tribunal noted that the Central Board of Direct Taxes (CBDT) issued a circular extending the due date for such applications and allowing fresh applications for those whose applications were rejected due to delay. The assessee had already filed a fresh application within the extended period.
Key Issues
Whether the appeal is infructuous due to the assessee filing a fresh application after a CBDT circular extended the due date for filing such applications.
Sections Cited
80G(5)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI
Before: SHRI SS VISWANETHRA RAVI & SHRI JAGADISH
PER JAGADISH, A.M : Aforesaid appeal filed by the assessee is against the order of Learned Commissioner of Income Tax (Exemption), Chennai [hereinafter “CIT(E)”] dated 16.03.2024 seeking registration u/s.80G(5) of the Income tax Act, 1961 (hereinafter “the Act”).
The Ld. CIT(E) rejected the application for registration on the ground that the application was filed beyond the prescribed due date and that the Commissioner of Income Tax has no power to condone the delay in filing the application in Form 10AB.
:- 2 -: 3. We have heard the arguments of both the sides and perused the relevant material available on record. It is noted that subsequent to the order of Ld. CIT(E), the Central Board of Direct Taxes has issued a Circular No.07 of 2024 dated 25.04.2024 and has extended date for filing such applications up to 30.06.2024 for all such cases including the assessee. The relevant para of the circular is as under : “4.1 Further, in cases where any trust, institution or fund has already made an application in Form No. l0AB, and where the Principal Commissioner or Commissioner has passed an order rejecting such application, on or before the issuance of this Circular, solely on account of the fact that the application was furnished after the due date or that the application has been furnished under the wrong section code, it may furnish a fresh application in Form No. 10AB within the extended time provided in paragraph 3(ii) i.e. 30.06.2024.”
As the assessee has already made fresh application on 31.05.2024 in view of the above circular, the appeal filed to reconsider the application becomes infructuous.
In the result, the appeal of the assessee is dismissed as infructuous. Order pronounced on 14th August, 2024.