SIVASAKTHI EDUCATIONAL TRUST,,NAGAPATTINAM vs. CIT, EXEMPTIONS,, CHENNAI

PDF · subscribers
ITA 1258/CHNY/2024Status: DisposedITAT Chennai27 June 2024Bench: SHRI SS VISWANETHRA RAVI (Judicial Member), SHRI JAGADISH (Accountant Member)3 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 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?

Section 80G

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘D’ BENCH: CHENNAI

Before: SHRI SS VISWANETHRA RAVI & SHRI JAGADISH

Hearing: 25.06.2024Pronounced: 27.06.2024

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”).

2.

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.

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.”

4.

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.

5.

In the result, the appeal of the assessee is dismissed as infructuous.

Order pronounced on 27th June, 2024.

More judgments on Section 80G

All 6,482 judgments and leading authorities on Section 80G →

Recent GST High Court judgments

Search GST case law →