BHUMI FOUNDATION,VADODARA vs. THE COMMISSIONER OF INCOME TAX(EXEMPTION), AHMEDABAD

PDF · subscribers
ITA 113/AHD/2024Status: DisposedITAT Ahmedabad07 June 2024Bench: Ms. SUCHITRA KAMBLE (Judicial Member), SHRI NARENDRA PRASAD SINHA (Accountant 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 noted that CBDT Circular No. 7/2024 extended the time limit for filing applications under Section 80G(5)(iii) until June 30, 2024. The assessee was granted liberty to file a fresh application within this extended period.

What were the facts?

The assessee trust applied for approval under Section 80G(5)(iii) of the Income Tax Act. The CIT(Exemption) rejected the application as belated, noting the trust was incorporated in 2020 and received provisional approval in 2022.

What were the issues?

Whether the belated application for 80G approval is maintainable in light of the extended time limit provided by CBDT Circular No. 7/2024.

Which sections of the Income-tax Act were involved?

Section 80G(5)(iii)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AHMEDABAD “A” BENCH, AHMEDABAD

For Appellant: Shri Samir Parikh, AR
For Respondent: Shri Arvind Kumar, CIT (DR)
Hearing: 04.06.2024Pronounced: 07.06.2024

O R D E R

PER SHRI NARENDRA PRASAD SINHA, AM:

1.

The present appeal is filed by the applicant trust against the order dated 28.11.2023 passed by the Commissioner of Income Tax (Exemption) Ahmedabad, (in short ‘the CIT(Exemption)’), rejecting the application for approval u/s. 80G(5)(iii) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’).

2.

The application for approval of the Trust under clause (iii) of first Proviso to Sub-Section (5) of Section 80G of the Income Tax Act, 1961 was received in Form No.10AB electronically by the CIT(Exemption) and as per the data available in ITBA the same was filed on 24.05.2023. The ld. CIT(Exemption) observed that the assessee had got provisional approval u/s 80G(5) of the Act and, therefore, was required to file application in Form 10AB within the time period of at least six months prior to the expiry of the Assessment Year: Nil Page 2 of 4 period of provisional approval or within six months of commencement of its activities, whichever was earlier. The CIT(Exemption) noticed that the assessee trust was incorporated on 24/09/2020 and provisional approval was issued to the trust on 31/03/2022. As the present application was filed belatedly by the assessee the CIT(Exemption) issued notice on 06.10.2023 calling for an explanation of the assessee in this regard. In reply dated 10/11/2023 the assessee had submitted that the activities of the trust started in the month of December, 2022 but no explanation for the delay in filing the present application was given. The CIT(Exemption) has observed that from the accounts for F.Y. 2020-21 &2021-22 it was evident the activities of the firm had started long back in the F.Y. 2020-21 itself and the applicant trust was required to file the application in Form 10AB on or before 30/09/2022. As the present application was filed belatedly on 24.05.2023 in Form No.10AB under Section 80G(5) of the Act, the same was rejected by the ld. CIT(Exemption) as non-maintainable.

3.

The Ld. AR submitted that the CBDT vide Circular no.7/2024 has extended the time limit for making application for approval of exemption under Section 80G(5) of the Act till 30.06.2024. Therefore, the applicant trust may be allowed to make the application as per the said Circular and the present appeal be disposed of with the said liberty granting to the applicant trust.

4.

The Ld. DR relied upon the order of the ld. CIT(Exemption).

5.

We have heard both the parties and perused all the relevant material available on record. It is pertinent to note that the CBDT vide recent Circular No.7/2024 dated 25th April, 2024, has allowed another opportunity for grant of approval u/s. 80G(5)(iii) of the Act by extending time limit for filing the application in Form No. 10AB till 30.06.2024. The assessee has also submitted that it will exercise the option of filing new application for Assessment Year: Nil Page 3 of 4 registration within this extended time limit. Thus, the present appeal filed in respect of dismissal of the applications filed by the assessee under Section 80G(5) of the Act has to be taken inconsonance with the latest Circular No.7/2024 issued by the CBDT dated 25th April, 2024. Since the time limit for application is extended till 30.06.2024, we are hereby granting the liberty to the assessee to make the appropriate application within the stipulated time issued by the CBDT and, therefore, the present appeal is dismissed accordingly.

6.

In the result, appeal of the assessee is dismissed with the liberty as mentioned in para-5 hereinabove. Order pronounced in the open Court on this 7th June, 2024.

More judgments on Section 80G(5)(iii)

All 687 judgments and leading authorities on Section 80G(5)(iii) →

Recent GST High Court judgments

Search GST case law →