VIVEKANANDA LOKASIKSHA MONDIR,MEDINIPUR vs. CIT(EXEMPTION), KOLKATA
What did the Tribunal hold?
The Tribunal set aside the CIT(Exemption)'s order, restoring the matter for a fresh decision. The assessee was directed to furnish all required information when called for by the CIT(Exemption).
What were the facts?
The assessee's application for final approval under section 80G(5)(iii) was rejected by the CIT(Exemption) for non-compliance with notices. The assessee claimed that all notices were complied with and information was furnished, but it might have escaped the CIT's attention.
What were the issues?
Whether the CIT(Exemption) rightly rejected the application for non-compliance, or if the assessee had indeed complied and deserved an opportunity to present information.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH KOLKATA
order : May 15, 2024 आदेश / ORDER संजय गग�, �या�यक सद�य �वारा / Per Sanjay Garg, Judicial Member: The present appeal has been preferred by the assessee against the order dated 02.03.2023 of the Commissioner of Income Tax (Exemption), Kolkata [hereinafter referred to as ‘CIT(Exemption)’] rejecting the application of the assessee for final approval as per the provisions of section 80G(5)(iii) of the Income Tax Act (hereinafter referred to as the ‘Act’).
The appeal is time barred by 304 days. A separate application for condonation of delay has been filed, which is further supported by affidavit of Shri Dibyendu Jana, Executive Officer of the assessee. Considering the submissions made in the affidavit, the delay in filing the appeal is hereby condoned. Vivekananda Lokasiksha Mondir 3. At the outset, the ld. counsel for the assessee has brought our attention to the impugned order of the ld. CIT(Exemption) to submit that the ld. CIT(Exemption) has dismissed the application of the assessee for final registration on the ground that the assessee has not complied with the notices issued by the ld. CIT(Exemption). The ld. counsel has, however, submitted that all the notices issued by the CIT(Exemption) were duly complied with and the requisite information was furnished online, however, the same perhaps has escaped attention of the ld. CIT(Exemption). The ld. counsel has further submitted that the assessee may be given an opportunity to furnish the required information before the ld. CIT(Exemption).
We note that the ld. CIT(Exemption) had dismissed the application of the assessee for final registration in limine on the ground of non- prosecution. However, the case of the assessee is that the assessee had duly furnished the requisite information. Even the ld. AR has stated that the assessee is ready and willing to furnish all the required information to the ld. CIT(Exemption). Considering the above submission, the impugned order of the CIT(Exemption) is set aside and the matter is restored to the file of the CIT(Exemption) for decision afresh on the application of the assessee for final registration. Needless to say that the assessee will furnish all the required information as and when called for by the ld. CIT(Exemption).
More judgments on Section 80G(5)(iii)
- Sevasetu Foundation, Vadodara vs Commissioner of Income Tax (Exemption)…ITA 3149/AHD/2026[NA]Status: Disposed19 Oct 2026
- Sevasetu Foundation, Vadodara vs Commissioner of Income Tax (Exemption)…ITA 3148/AHD/2026[NA]Status: Disposed19 Oct 2026
- Shri Hari Har Charitable and Welfare Trust… vs ITO, FaridabadITA 7241/DEL/2025[2026-27]Status: Disposed29 Sept 2026AY 2026-27
- Shree Vallabh Dham Charitable Trust, Delhi vs CIT(Exemption), DelhiITA 2516/DEL/2026[2024-25]Status: Disposed23 Sept 2026AY 2024-25
- Shree Vallabh Dham Charitable Trust, Delhi vs CIT(Exemption), DelhiITA 2515/DEL/2026[2024-25]Status: Disposed23 Sept 2026AY 2024-25
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