AMRITSOMANI MEMORIAL TRUST,KOLKATA vs. CIT(EXEMPTION), KOLKATA

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ITA 323/KOL/2024Status: DisposedITAT Kolkata08 May 2024Bench: SRI RAJESH KUMAR, ACCOUNTANT MEMBER & SONJOY SARMA (Judicial Member)3 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee's prayer to withdraw the appeal, considering the matter to have become infructuous due to the subsequent CBDT circular. The appeal was accordingly dismissed as withdrawn.

What were the facts?

The assessee, a Trust, applied for registration under Section 80G of the Income Tax Act. Their application was rejected because it was filed after the due date, despite a provisional approval being granted earlier. Subsequently, a new CBDT circular extended the due date for such applications.

What were the issues?

Whether the rejection of an application for registration under Section 80G due to late filing can be revisited in light of a subsequent CBDT circular extending the due date.

Which sections of the Income-tax Act were involved?

Section 80G,Section 80G(5)(iv),Section 80G(5)(iii)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘A’ BENCH, KOLKATA

Before: SRI RAJESH KUMAR & SONJOY SARMA

order

: May 8th, 2024 ORDER

Per Sonjoy Sarma, Judicial Member:

1.

The instant appeal filed by the assessee is directed against the order passed by ld. Commissioner of Income-tax (Exemption), Kolkata [in short ld. ‘CIT(Exemption)’] in relation to registration applied u/s 80G of the Income Tax Act, 1961 (in brevity the ‘Act’) dated 11.02.2024.

2.

At the outset, ld. Counsel for the assessee stated before the Bench that the assessee is a Trust and has granted provisional approval u/s 80G(5)(iv) of the Act in Form 10AC vide order dated 23.09.2021 for a period commencing from 23.09.2021 to AY 2024-25. Subsequently, assessee also filed an application for approval of Trust u/s 80G(5)(iii) of the Act electronically on I.T.A. No.: 323/KOL/2024 Assessment Year: N.A. Amrit Somani Memorial Trust. 23.08.2023 in Form 10AB under Rule 17A of the Income Tax Rules, 1962. However, the extended due dated for filing of such application in Form 10AB was extended up to 30.09.2022 as per CBDT Circular No. 8/22 dated 31.03.2022. As the present assessee could not filed such application within the extended due date as per the CBDT circular, the claim of the assessee was rejected. Aggrieved by the above order assessee is in appeal before this Tribunal. However, in the intervening time CBDT has recently issued a circular bearing No. 7/24 by which extended the benefit of due date for filing Form 10A/10AB up to 03.06.2024 by stating in para 4.1 of the said Circular as under: “4.1 Further, in cases where any trust, institution or fund has already made an application in Form No. 10AB, and where the Principal Commissioner or Commissioner has passed an order rejecting such application, on or before the issuance of this Circular, solely on account of the fact that the application was furnished after the due date or that the application has been furnished under the wrong section code, it may furnish a fresh application in Form No. I0AB within the extended time provided in paragraph 3(ii) i.e. 30.06.2024.”

3.

In view of the above circular issued by CBDT, ld. A/R prayed before the Bench allow him to withdraw the case since the matter became infructuous. 4. On the other hand, ld. D/R was fair enough not to object to the such prayer made by ld. A/R before this Bench. 5. After hearing the submissions of both the parties and perusing the material available on record, we allow the prayer of the assessee to withdraw the instant appeal. 6. In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open Court on 8th May, 2024. Sd/- Sd/- [Rajesh Kumar] [Sonjoy Sarma] Accountant Member Judicial Member Dated: 08.05.2024 Bidhan (P.S.)

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