BHARATIYA SEVA SOCIETY,KUMBAKONAM vs. CIT EXEMPTION, CHENNAI

PDF · subscribers
ITA 824/CHNY/2024Status: DisposedITAT Chennai22 May 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 and allowing fresh applications for those whose applications were rejected solely on account of delay. Therefore, the assessee should be given an opportunity to re-apply.

What were the facts?

The assessee's application for approval under section 80G(5)(ii) and registration under section 12AB was rejected by the CIT(E) for being filed beyond the due date. The CIT(E) held that there was no power to condone such delay.

What were the issues?

Whether the CIT(E) has the power to condone delay in filing Form 10AB, and the impact of a subsequent CBDT circular on such rejections.

Which sections of the Income-tax Act were involved?

Section 12AB,Section 80G(5)(ii)

AI-generated summary — verify with the full judgment below

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

Hearing: 22.05.2024Pronounced: 22.05.2024

आयकर अपीलीय अिधकरण, ’डी’ �ायपीठ, चे�ई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘D’ BENCH, CHENNAI �ी एसएस िव�ने� रिव, �ाियक सद� एवं �ी जगदीश, लेखा सद� के सम� । Before Shri S.S. Viswanethra Ravi, Judicial Member & Shri Jagadish, Accountant Member आयकर अपील सं./I.T.A. No.824/Chny/2024 Bharatiya Seva Society, Vs. The Commissioner of 4, Mahamaham Tank North, Income Tax (Exemption), Kumbakonam 612 001. Aayakar Bhawan – Annexe Building, No. 121, Mahatma Gandhi Road, [PAN: AAATB0235G] Nungambakkam, Chennai 600 034. (अपीलाथ�/Appellant) (��थ�/Respondent) अपीलाथ� की ओर से / Appellant by : Shri Girish Kumar, Advocate ��थ� की ओर से/Respondent by : Shri A. Sasikumar, CIT सुनवाई की तारीख/ Date of hearing : 22.05.2024 घोषणा की तारीख /Date of Pronouncement : 22.05.2024 आदेश /O R D E R PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER:

This appeal by the assessee is directed against the order dated 07.03.2024 passed by the ld. Commissioner of Income Tax (Exemption), Chennai rejecting Form No. 10AB under section 80G(5)(ii) seeking approval under section 12AB of the Income Tax Act, 1961 [“Act” in short] and cancelling the provisional approval granted to the assessee.

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. 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 in the open Court on 22nd May, 2024 at Chennai.

More judgments on Section 12AB

All 5,972 judgments and leading authorities on Section 12AB →

Recent GST High Court judgments

Search GST case law →