SAROJINI EDUCATIONAL & CHARITABLE TRUST,VILLUPURAM vs. CIT (EXEMPTIONS), CHENNAI

PDF · subscribers
ITA 454/CHNY/2024Status: DisposedITAT Chennai06 May 2024Bench: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI (Judicial Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal. Considering a recent CBDT circular extending the time limit for such applications and the fact that the assessee did not make any representation, the Tribunal set aside the impugned order.

What were the facts?

The assessee trust filed an appeal against the denial of registration under Section 80G(5). The appeal was filed with a significant delay, which the assessee attributed to medical conditions and a bona fide belief of extension. The CIT(E) had rejected the application for non-compliance due to the assessee's failure to respond to show-cause notices.

What were the issues?

Whether the delay in filing the appeal should be condoned and if the CIT(E) should reconsider the application for registration on merits.

Which sections of the Income-tax Act were involved?

Section 80G(5)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI

Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI MANU KUMAR GIRI, JM

आयकर अपीलीय अिधकरण ‘ए’ "ायपीठ चे"ई म"। IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI माननीय +ी मनोज कुमार अ/वाल ,लेखा सद4 एवं माननीय +ी मनु कुमार िग7र, "ाियक सद4 के सम8। BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI, JM आयकरअपील सं./ M/s. Sarojini Educational & Charitable CIT(Exemption) बनाम/ Trust Chennai. Om Sakthi Nagar, Near Arasamaram, Vs. Panampattu Post, Villupuram – 605 103. "थायीलेखासं./जीआइआरसं./PAN/GIR No. ABATS-5129-H (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" कीओरसे/ Appellant by : Ms. Nidhi Jain (CA)-Ld.AR " थ"कीओरसे/Respondent by : Shri Nilay Baran Som(CIT)-Ld. Sr. DR सुनवाई की तारीख/Date of Hearing : 30-04-2024 घोषणा की तारीख /Date of Pronouncement : 06-05-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

1.

Aggrieved by denial of registration u/s. 80G(5) by learned Commissioner of Income Tax (Exemption), Chennai [CIT(E)] vide impugned order dated 18-01-2023, the assessee is in further appeal before us.

2.

The Registry has noted delay of 339 days in the appeal, the condonation of which has been sought by Ld. AR on the strength of condonation petition which is supported by an affidavit of Managing Director of assessee Trust. It has been submitted therein that the assessee was under a bona-fide belief that time limit would be extended further by way of Circular. It has also been submitted that managing director was facing adverse medical condition. Though Ld. CIT-DR has opposed condonation of delay, considering the fact that the assessee is a trust, we condone the delay and proceed for adjudication on merits. 3. Upon perusal of impugned order, it could be seen that the assessee failed to respond to the show-cause notices and it could not file the requite details / clarifications. Accordingly, Ld. CIT(E) rejected the application for non-compliance. Aggrieved, the assessee is in further appeal before us. 4. Considering the recent Circular No.07/24 issued by CBDT on 25.04.2024 extending time limit for all such applications to 30.06.2024 and also considering the fact that the assessee could not make any representation, we set aside the impugned order and direct Ld. CIT(E) to consider the application on merits after affording opportunity of hearing to the assessee. 5. The appeal stand allowed for statistical purposes. Order pronounced on 6th May, 2024 (MANU KUMAR GIRI) (MANOJ KUMAR AGGARWAL) "ाियक सद4 / JUDICIAL MEMBER लेखा सद4 / ACCOUNTANT MEMBER चे4ई Chennai; िदनांक Dated : 06-05-2024 DS आदेशकीLितिलिपअ/ेिषत/Copy of the Order forwarded to : 1. अपीलाथ"/Appellant 2. " थ"/Respondent 3. आयकरआयु=/CIT 4. िवभागीय"ितिनिध/DR 5. गाडBफाईल/GF

More judgments on Section 80G(5)

All 2,236 judgments and leading authorities on Section 80G(5) →

Recent GST High Court judgments

Search GST case law →