SIVASAKTHI EDUCATIONAL TRUST,,NAGAPATTINAM vs. CIT, EXEMPTIONS,, CHENNAI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal noted a subsequent CBDT circular extending the due date for such applications. In the interest of justice, the assessee was given an opportunity to re-apply.
What were the facts?
The assessee's application for registration under Section 80G was rejected by the CIT(E) for being filed beyond the due date. The CIT(E) believed they had no power to condone the delay.
What were the issues?
Whether the CIT(E) has the power to condone the delay in filing Form 10AB for Section 80G registration, and the impact of a subsequent CBDT circular on such rejections.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘D’ BENCH: CHENNAI
Before: SHRI SS VISWANETHRA RAVI & SHRI JAGADISH
Sivasakthi Educational Trust, The Commissioner of Income 5/54, KN Road, Vs. Tax (Exemptions), Thlainayar 3rd Sethi, Chennai. Vedaranyam Taluk, Nagapattinam – 614 712 [PAN: AAVTS-2872-F] (अपीलाथ�/Appellant) (��यथ�/Respondent) अपीलाथ� क� ओर से/ Appellant by : Shri D Anand, Advocate ��यथ� क� ओर से /Respondent by : Shri A. Sasikumar, CIT सुनवाई क� तारीख/Date of Hearing : 25.06.2024 घोषणा क� तारीख /Date of Pronouncement : 27.06.2024 आदेश / O R D E R PER JAGADISH, A.M : Aforesaid appeal filed by the assessee is directed against the order of Learned Commissioner of Income Tax (Exemption), Chennai [hereinafter “CIT(E)”] dated 01.03.2024 rejecting the application for registration filled in Form 10AB seeking approval u/s. 80G 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
ITA No.1258/Chny/2024 :- 2 -: and that the Commissioner of Income Tax has no power to condone the delay in filing the application in Form 10AB.
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.”
Considering the subsequent development and in the interests of justice, we are of the view that the assessee should be given an opportunity to approach the Ld. CIT(E) for re-consideration of its application for registration u/s. 80G of the Act in light of the CBDT Circular, supra. The Ld. CIT(E) shall consider the fresh application filed in terms of the said circular and pass order by taking into account the ITA No.1258/Chny/2024 :- 3 -:
provisional approval already granted. In view of the above, the appeal of the assessee is dismissed as infructuous.
In the result, the appeal of the assessee is dismissed as infructuous.
Order pronounced on 27th June, 2024.
More judgments on Section 80G
- Savan Dayalal Ladani, Rajkot vs Assistant Commissioner of Income Tax-2(1)…ITA 575/RJT/2026[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Pareshbhai Savjibhai Khunt, Rajkot vs Income Tax Officer Ward - 2(2)(3), RajkotITA 842/RJT/2025[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Global University Foundation, Hyderabad vs CIT(Exemption), HyderabadITA 777/HYD/2026[2026-27]Status: Disposed16 Oct 2026AY 2026-27
- Global University Foundation, Hyderabad vs CIT(Exemption), HyderabadITA 776/HYD/2026[2026-27]Status: Disposed16 Oct 2026AY 2026-27
Recent GST High Court judgments
Search GST case law →- Sutha vs. The State Tax Officer(Inspection-3)Madras · 27 Oct 2026
- M/S.Sri Satya Sai Constructions vs. The State Of Andhra PradeshAndhra Pradesh · 27 Oct 2026
- Anisha Busa vs. Sibar Institute Of Dental SciencesAndhra Pradesh · 27 Oct 2026
- M/S.Sri Satya Sai Constructions vs. The State Of Andhra PradeshAndhra Pradesh · 27 Oct 2026
- M/S. Sikka Motors PVT LTD vs. Union Of INDIA & Anr.Delhi · 27 Oct 2026