M/S. GURU SEVA TRUST,CHENNAI vs. CIT, EXEMPTIONS,, CHENNAI

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ITA 1253/CHNY/2024Status: DisposedITAT Chennai26 June 2024Bench: Shri S.S. Viswanethra Ravi (Judicial Member), Shri Jagadish (Accountant Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted a subsequent CBDT circular extending the due date for filing 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 provisional approval under Section 80G was rejected by the CIT(E) for being filed beyond the due date. The CIT(E) held that they had no power to condone such delay.

What were the issues?

Whether the CIT(E) has the power to condone delay in filing Form 10AB applications for Section 80G approval, 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

Before: Shri S.S. Viswanethra Ravi & Shri Jagadish

Hearing: 24.06.2024Pronounced: 26.06.2024

Guru Seva Trust, Vs. The Commissioner of 36/23, Thambiah Reddy Road Income Tax (Exemption), North Extension, West Mambalam, Aayakar Bhawan – Annexe Building, Chennai 600 033. No. 121, Mahatma Gandhi Road, Nungambakkam, Chennai 600 034. [PAN: AADTG8853G] (अपीलाथ�/Appellant) (��थ�/Respondent) अपीलाथ� की ओर से / Appellant by : Shri Gautam Venkata Narayanan, Advocate ��थ� की ओर से/Respondent by : Shri A. Sasikumar, CIT सुनवाई की तारीख/ Date of hearing : 24.06.2024 घोषणा की तारीख /Date of Pronouncement : 26.06.2024 आदेश /O R D E R

PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER:

1.

This appeal by the assessee is directed against the order dated 12.03.2024 passed by the ld. Commissioner of Income Tax (Exemption), Chennai under section 80G of the Income Tax Act, 1961 [“Act” in short] cancelling provisional approval granted vide order dated 24.09.2021.

2.

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.

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.07/24 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 reproduced as under: “4.1 Further, in cases where any trust, institution or fund has already made an application in Form No. 10AB, 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 under section 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 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 26th June, 2024 at Chennai.

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