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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 after the due date and the CIT(E) not having the power to condone the delay.
Held
The Tribunal noted that subsequent to the CIT(E)'s order, the CBDT issued a circular extending the deadline for filing such applications. Given that the assessee had already filed a fresh application within the extended period, the appeal became infructuous.
Key Issues
Whether the appeal challenging the rejection of an application due to a delay in filing is infructuous, given a subsequent circular extending the deadline and the assessee filing a fresh application.
Sections Cited
80G(5), 1961
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 07.03.2024 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.
ITA No.960/Chny/2024 :- 2 -:
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 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.