TAMILNADU FOUNDATION INC TN CHAPTER,CHENNAI vs. CIT EXEMPTIONS, CHENNAI

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ITA 942/CHNY/2024Status: DisposedITAT Chennai26 April 2024Bench: HON’BLE SHRI MAHAVIR SINGH, VICE PRESIDENT AND HON’BLE SHRI MANOJ KUMAR AGGARWAL (Accountant Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The tribunal held that a mere mistake in filing the form should not invalidate the assessee's claim. The CIT(E) was directed to allow the assessee an opportunity to correct the mistake and consider the application on merits.

What were the facts?

The assessee's application for registration under Section 80G(5)(ii) was rejected by the CIT(Exemptions) because it should have been filed under clause (iii) as it had provisional approval. The assessee appealed this rejection.

What were the issues?

Whether a mistake in selecting the correct clause for filing an application under Section 80G(5) should lead to its rejection.

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, ‘C’ BENCH, CHENNAI

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

माननीय +ी महावीर िसंह, उपा01 एवं माननीय +ी मनोज कुमार अ6वाल ,लेखा सद9 के सम1। BEFORE HON’BLE SHRI MAHAVIR SINGH, VICE PRESIDENT AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपील सं./ Tamilnadu Foundation Inc TN Chapter CIT (Exemption) बनाम 27, Taylors Road, Kilpauk Chennai. / Vs. Chennai - 600 010 �थायीलेखासं./जीआइआरसं./PAN/GIR No. AAATT-3997-M (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : Ms. Sree Lakshmi Valli (Advocate) -Ld. AR � थ�कीओरसे/Respondent by : Shri G. Suresh (JCIT) - Ld. DR सुनवाईकीतारीख/Date of Hearing : 26-04-2024 घोषणाकीतारीख /Date of Pronouncement : 26-04-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. The assessee sought early hearing of this appeal and the application was placed before the bench for grant of early hearing. Upon perusal, it transpires that the assessee is aggrieved by rejection of an application filed by it on 28.09.2023 seeking registration under clause (ii) of Sec. 80G(5). The Ld. CIT(Exemptions), vide impugned order dated 07.03.2024, rejected the same on the ground that the assessee was granted provisional approval up-to AY 2024-25. Therefore, the application ought to have been made under clause (iii) instead of clause (ii). The application was held to be not-maintainable which has led to present appeal by the assessee.

2.

The Ld. AR referred to recent Circular No.07/24 issued by CBDT on 25.04.2024 extending time limit for all such applications to 30.06.2024. The Ld. Sr. DR submitted that the appeal itself may be heard and the matter may be remitted back in the light of aforesaid Circular.

3.

We are of the opinion that mere mistake in filing the form would not vitiate the claim of the assessee. Therefore, we direct Ld. CIT(E) to grant an opportunity to assessee to correct the said mistake and consider the application on merits.

4.

The appeal stand allowed for statistical purposes in terms of our above order.

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