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Income Tax Appellate Tribunal, “A” BENCH: KOLKATA
Before: Shri Rajesh Kumar & Shri Sonjoy Sarma]
ORDER / आदेश Per Rajesh Kumar, AM:
This is an appeal preferred by the assessee against the order of the Ld. Commissioner of Income Tax (Exemption)-Kolkata (hereinafter referred to as the Ld. CIT(A)”] dated 19.09.2022 for the AY Nil.
At the outset we note that there is a delay of 523 days in filing the appeal before the Tribunal. After hearing the rival parties and taking into account the condonation application along with Affidavit filed by the assessee ,we note that the 2 Assessment Year: Nil Shyam Metalics Foundation order of Ld. CIT(E) was served on the assessee on online portal of income tax department on 19.09.2022. The appeal was required to be filed within 60 days and up to 17.11.2022. We note that the person who has been looking after the affairs the trust Mr. Rahul Burman has left the assessee trust w.e.f 01.08.2022 without any intimation and without handling over the documents to the trustees of the trust. It was argued before us that the fact of the approval having rejected under Clause (ii) as non- maintainable by CIT(€ ) came to the notice of the trustees in annual meeting held to make necessary compliances and thereafter the assessee trust has handed over the documents to Mr. Giridhari Dhelia, Advocate who filed the appeal with a delay of 525 days.
Facts of the case are that the assessee trust is existing trust and was having approval u/s 80G of the Act . The assessee filed application for approval under clause (iii) of Section 80G in Form 10AB which was rejected by the Ld. CIT(E) on the ground of non-maintainable as the assessee who has applied under Clause (i) of First proviso to Section 80G(5)(i).
After hearing the rival contentions and perusing the material on record, we note that recently CBDT issued circular vide no. 7/2024 dated 25.04.2024 allowing the trust to file application for registration or for granting registration u/s 80G as well up to 30.06.2024. The said circular is extracted as under for the sake of ready reference:
3 I Assessment Year: Nil Shyam Metalics Foundation Shyam Metalics Foundation
4 I Assessment Year: Nil Shyam Metalics Foundation Shyam Metalics Foundation Therefore we restore the appeal to the file of Ld. CIT(E) with a direction to Therefore we restore the appeal to the file of Ld. CIT(E) with a direction to Therefore we restore the appeal to the file of Ld. CIT(E) with a direction to decide the issue of approval u/s 80G by treating the application already filed by the assessee as by treating the application already filed by the assessee as by treating the application already filed by the assessee as In the result, the appeal of the assessee is allowed for statistical purposes. 6.
Order is pronounced in the open court on 24th June, 2024