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Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI
Before: SHRI ABY T. VARKEY & SHRI MANOJ KUMAR AGGARWAL
आदेश / O R D E R
PER ABY T. VARKEY, JM: This is an appeal preferred by the assessee against the order of the
Learned Commissioner of Income Tax (Exemption), (hereinafter in short
"the Ld.CIT(E)”), Chennai, dated 18.03.2024 rejecting the approval
sought under clause (iii) of first proviso to sub-sec.(5) of sec.80G of the
Income Tax Act, 1961 (hereinafter in short "the Act”).
At the outset, the Ld.AR of the assessee submitted that the
assessee was granted provisional approval u/s.80G(5)(iv) of the Act, and
ITA No.1096/Chny/2024 (AY -) Kural Aram Foundation :: 2 ::
therefore was required to file an application for regular registration for a
period of ‘five’ years; and therefore, filed an application on 27.09.2023,
which was rejected by the Ld.CIT(E) citing the reason that assessee has
not filed Form 10AB u/s.80G(5)(iii) of the Act, within the time limit
prescribed therein and therefore, he rejected it as not maintainable and in
that process, the provisional approval granted was also cancelled.
According to the Ld.AR, the CBDT has issued Circular No.7/2024 dated
25.04.2024, extending the due date for filing Form 10A/10AB, wherein,
the time limit has been extended till 30.06.2024, even if any application
in Form 10AB of any Trust/Institution has been rejected by the Ld.CIT(E)
on or before issuing of the CBDT Circular (No.7/2024) on account of (i)
application was furnished after the due date or (ii) application has been
furnished under the wrong section.
And in such an event, the assessee has been given opportunity to
furnish fresh application in Form 10AB within the extended time provided
in Para No.3(ii) i.e. till 30.06.2024; and since, the assessee’s case falls
in Para No.4.1 of the ibid Circular No.7/2024 dated 25.04.2024 (supra),
the assessee has sought fresh registration and therefore, the present
appeal is infructuous.
The Ld.CIT-DR didn’t object to the contention of the Ld.AR and
therefore, we treat the appeal of the assessee as infructuous.
ITA No.1096/Chny/2024 (AY -) Kural Aram Foundation :: 3 :: 5. In the result, appeal filed by the assessee is dismissed as infructuous.
Order pronounced on the 27th day of June, 2024, in Chennai.
Sd/- Sd/- (मनोज कुमार अ�वाल) (एबी टी. वक�) (MANOJ KUMAR AGGARWAL) (ABY T. VARKEY) लेखा सद�य/ACCOUNTANT MEMBER �याियक सद�य/JUDICIAL MEMBER चे�ई/Chennai, �दनांक/Dated: 27th June, 2024. TLN, Sr.PS आदेश क� �ितिलिप अ�ेिषत/Copy to: 1. अपीलाथ�/Appellant 2. ��थ�/Respondent 3. आयकरआयु�/CIT, Chennai / Madurai / Salem / Coimbatore. 4. िवभागीय�ितिनिध/DR 5. गाड�फाईल/GF