RAJALAKSHMI SRINIVASAN CHARITABLE TRUST,CHENNAI vs. CIT(EXEMPTIONS), CHENNAI, CHENNAI

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ITA 1511/CHNY/2023Status: DisposedITAT Chennai09 April 2024Bench: SHRI MAHAVIR SINGH, VICE PRESIDENTAND SHRI MANOJ KUMAR AGGARWAL (Accountant Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted that a similar issue regarding Section 12AB registration for the same assessee was remitted back to the CIT(Exemption). Therefore, the application for Section 80G approval was also set aside and remanded.

What were the facts?

The assessee trust filed Form No. 10AB seeking approval under Section 80G(5) of the Income Tax Act. The CIT(Exemption) rejected this application. The assessee appealed this rejection.

What were the issues?

Whether the CIT(Exemption) correctly rejected the application for approval under Section 80G(5) and if the matter should be remanded for fresh consideration.

Which sections of the Income-tax Act were involved?

Section 80G(5),Section 12AB

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI

Before: SHRI MAHAVIR SINGHAND SHRI MANOJ KUMAR AGGARWAL

Heard together (2 matters)

ITA No.1511/CHNY/2023
ITA No.1232/CHNY/2023

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

आदेश /O R D E R

PER MAHAVIR SINGH, VICE PRESIDENT:

1.

This appeal by the assessee is arising out of the order of the Commissioner of Income Tax (Exemption), Chennai rejecting Form No.10AB dated 06.04.2023 filed for seeking approval under clause (iii) of first proviso to section 80G(5) of the Income Tax Act, 1961 (hereinafter the ‘Act’) vide order dated 31.10.2023.

2.

The only issue in this appeal of assessee is as regards to the order of CIT(A) rejecting the application filed in Form No.10AB on 06.04.2023 under clause (iii) of first proviso to section 80G(5) of the Act, seeking approval / registration u/s.80G of the Act.

ITA No.1511/Chny/2023 2 3. At the outset, the ld.counsel for the assessee filed copy of the Tribunal’s order dated 23.01.2024 in assessee’s own case in wherein the Tribunal had remitted the matter back to the file of the CIT(Exemption) to decide the registration u/s.12AB of the Act. Since the registration u/s.12AB of the Act has been sent back to the file of the CIT(Exemption) to decide on merits, on similar facts this application for seeking approval u/s.80G(5) of the Act is also set aside and matter remanded back to the file of the CIT(Exemption). Accordingly, the order of the CIT(Exemption) is set aside and appeal restored back to his file for adjudication on merits.

4.

In the result, the appeal filed by the assessee is allowed for statistical purpose.

Order pronounced in the open court at the time of hearing on 9th April, 2024 at Chennai.

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