G.V. DORAISWAMY NAIDU CHARITIES,COIMBATORE vs. CIT EXEMPTIONS, CHENNAI

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ITA 1466/CHNY/2024Status: DisposedITAT Chennai26 July 2024Bench: SHRI S.S. VISWANETHRA RAVI, HON’BLE (Judicial Member), SHRI S. R. RAGHUNATHA, HON’BLE (Accountant Member)4 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal had become academic because the assessee had filed a fresh application within the extended time limit. Therefore, the appeal was dismissed as academic.

What were the facts?

The assessee, a charitable trust, filed an application for approval under Section 80G. The CIT(E) rejected the application due to late filing. Subsequently, the assessee filed a fresh application within an extended timeline provided by a CBDT circular.

What were the issues?

Whether the appeal is maintainable when a fresh application has been filed within the extended time limit, rendering the original appeal academic.

Which sections of the Income-tax Act were involved?

Section 80G

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH, CHENNAI

Before: SHRI S.S. VISWANETHRA RAVI, HON’BLE & SHRI S. R. RAGHUNATHA, HON’BLE

Hearing: 22.07.2024Pronounced: 26.07.2024

PER S. R. RAGHUNATHA, ACCOUNTANT MEMBER:

1.

This appeal by the assessee is filed against the order of the Commissioner of Income Tax (Exemption), Chennai, vide order dated 22.03.2024.

2.

The assessee is a charitable trust filed application dated 30.09.2023 in Form no. 10AB under Rule 11AA of I.T. Rules, 1962, seeking approval under Clause (iii) of first proviso to sub-section (5) of section 80G of the Income-tax Act, 1961 (hereinafter referred to :-2-: ITA. No: 1466/Chny/2024

as “the Act”) before the CIT(E). The trust had commenced its activities since inception from 1970 and the date of filing of application in Form no. 10AB was on 30.09.2023, which is after the expiry of 6 months prior to expiry of period of provisional approval or within 6 months of commencement of its activities whichever is earlier. The ld.CIT(E) rejected the application and cancelled approval u/s. 80G(5) of the Act by passing an order dated 22.03.2024. Aggrieved by the order of the ld.CIT(E), the assessee is before us.

3.

The Ld. Counsel for the assessee, stated that the assessee has filed application in Form no. 10AB before the ld.CIT(E) on 28.06.2024 as per the extension of time provided to the assessee up to 30th June, 2024 vide CBDT Circular No. 07/2024 dated 25.04.2024 and prayed for directing the ld.CIT(E) to approve the registration and also to reinstate the provisional registration granted to the assessee.

4.

Per contra, the ld.DR stated that the new application has already been filed by the assessee on 28.06.2024 and hence, the assessee’s appeal may please be dismissed.

5.

We have heard both the parties, perused materials available on record and gone through order of the ld.CIT(E). The assessee has filed an application for registration in Form no. 10AB on :-3-: ITA. No: 1466/Chny/2024

30.09.2023, seeking approval under Clause (iii) of first proviso to sub-section (5) of section 80G of the Act and the same has been rejected by the ld.CIT(E) vide its order dated 22.03.2024 along with cancellation of approval granted earlier, for the reason that the application has not been filed atleast 6 months prior to expiry of period of the provisional approval. As per the CBDT Circular No. 07/2024 dated 25.04.2024, the assessee was granted extension to file an application for seeking approval up to 30.06.2024 and accordingly, the assessee has already filed new application on 28.06.2024 in Form no. 10AB. In our view this appeal of assessee has become academic, in view of fresh application filed by assessee which is within the time limit as mentioned in the CBDT Circular. Accordingly, the appeal of the assessee become academic and dismissed subject to above observation.

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