AATMA PRAKASH MENTAL HEALTH FOUNDATION,INDORE vs. COMMISSIONER OF INCOME TAX (EXEMPTION), BHOPAL

ITA 107/IND/2024Status: DisposedITAT Indore20 May 2024Bench: SHRI VIJAY PAL RAO (Judicial Member), SHRI B.M. BIYANI (Accountant Member)24 pages
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What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal and held that the CIT(E) had misinterpreted the provision regarding the time limit for filing the application for final approval under Section 80G(5). The Tribunal directed the CIT(E) to reconsider the application on merits.

What were the facts?

The assessee, a not-for-profit company promoting mental health awareness, applied for final approval under Section 80G(5). The CIT(E) rejected the application as time-barred, citing a misinterpretation of the statutory time limit for filing after provisional approval.

What were the issues?

Whether the application for final approval under Section 80G(5) was filed within the prescribed time limit, and whether the CIT(E) correctly interpreted the statutory provisions and subsequent CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 80G(5)

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Income Tax Appellate Tribunal, INDORE BENCH, INDORE

For Appellant: Shri Apurva Mehta & Shri Rajesh Mehta, ARs
For Respondent: Shri Ram Kumar Yadav, CIT DR
Hearing: 16.05.2024Pronounced: 20.05.2024

Per B.M. Biyani, A.M.:

This appeal is directed against the order dated 19.10.2023 passed by the learned Commissioner of Income-Tax (Exemption), Bhopal [“CIT(E)”] by which the assessee’s application for grant of final approval u/s 80G(5) of Income-tax Act, 1961 has been rejected and the provisional approval u/s 80G(5) granted earlier has also been cancelled.

2.

The background facts leading to present appeal are such that the assessee is incorporated on 29.10.2016 u/s 8 of Companies Act, 2013 as a Aatma Prakash Mental Health Foundation, Indore. not-for-profit company, engaged in charitable purpose of promoting mental-

health awareness. On assessee’s applications,

The order continues below.

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