VELLORE INSTITUTE OF TECHNOLOGY- TECHNOLOGY BUSINESS INCUBATOR,VELLORE vs. CIT(EXEMPTIONS), CHENNAI

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ITA 732/CHNY/2024Status: DisposedITAT Chennai21 May 2024Bench: HON’BLE SHRI MAHAVIR SINGH, VP AND HON’BLE SHRI MANOJ KUMAR AGGARWAL (Accountant Member)2 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the rejection based on the timeline was invalid due to the subsequent extension granted by the CBDT. The CIT(Exemptions) was directed to consider the applications on their merits.

What were the facts?

The assessee's applications for registration under Section 80G(5)(iii) were rejected by the CIT(Exemptions) for being filed beyond the prescribed timeline. However, the CBDT subsequently extended the deadline for such applications.

What were the issues?

Whether the rejection of an application for registration under Section 80G due to a missed deadline is valid when the deadline is subsequently extended by the CBDT.

Which sections of the Income-tax Act were involved?

Section 80G

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, CHENNAI

Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

Heard together (2 matters)

ITA No.731/Chny/2024
ITA No.732/Chny/2024

Read from the judgment's own cause title. This page is filed under one of them.

आयकर अपीलीय अिधकरण “ए” �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, CHENNAI माननीय �ी महावीर िसंह, उपा�� एवं माननीय �ी मनोज कुमार अ�वाल ,लेखा सद� के सम�। BEFORE HON’BLE SHRI MAHAVIR SINGH, VP AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपीलसं./ M/s. Vellore Institute of Technology CIT(Exemptions) बनाम/ Vs. No.54, Thennamaram Street, Chennai. Vellore – 632 001. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AAATN-0569-M (अपीलाथ�/Appellant) : (��थ� / Respondent) & आयकरअपीलसं./ ITA No.732/Chny/2024 M/s. Vellore Institute of Technology- CIT(Exemptions) Technology Business Incubator Chennai. बनाम/ Vs. Technology Towers, VIT, Tiruvalam Road, Vellore – 632 014. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AAAAV-2477-K (अपीलाथ�/Appellant) : (��थ� / Respondent) अपीलाथ� कीओर से/ Appellant by : Shri A. Mahesh, (CA)– Ld.AR ��थ� की ओर से/Respondent by : Shri Nilay Baran Som (CIT)-Ld. CIT. DR सुनवाई की तारीख/Date of Hearing : 21-05-2024 घोषणा की तारीख /Date of Pronouncement : 21-05-2024 आदेश / O R D E R PER BENCH

1.

Aggrieved by rejection of applications filed in Form No.10AB seeking registration u/s 80G(5)(iii) by Ld. Commissioner of Income Tax (Exemption) vide impugned orders both dated 14-03-2024, the two assessees are in further appeal before us.

2.

Upon perusal of impugned orders, it could be seen that Ld. CIT(E) has rejected the application on the ground that the application was not filed within prescribed timeline. Further, there was no extension for filing of this form.

3.

We find that the time limit to file such applications have been extended by CBDT vide recent Circular No.07/24 dated 25-04-2024 extending time limit for all such applications to 30-06-2024. Therefore, there remain no grounds for rejection of application by raising the issue of timeline. 4. Considering the facts and circumstances of the case, we set aside the impugned orders and direct Ld. CIT(E) to consider the application on merits without raising the issue of timeline. 5. Both the appeals stand allowed for statistical purposes in terms of our above order.

Order pronounced on 21st May, 2024.

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