SHREE DASHA ADALJA MODH VANIK SHABHA GRUH,VADODARA vs. THE COMMISSIONER OF INCOME TAX, EXEMPTION, AHMEDABAD

The present appeal is filed by the applicant trust against the order dated 18.12.2023 passed by the Commissioner of Income Tax (Exemption).

The applicant has filed Form 10AB under Section 80G(5) of the Act on 10.06.2023. The date of registration/incorporation in the present case is 13.01.1961 as per Form No. 10AB. The applicant had been granted order for provisional approval in Form No. 10AC issued on 19.04.2023 under Clause (iv) of first proviso to sub-section (5) of Section 80G for the period commencing from 19.04.2023 to A.Y. 2026-27. The CIT(Exemption) issued notice on 09.10.2023 thereby asked the applicant trust to explain as to why the present application filed in Section 80G(5)(iii) in Form No. 10AB should not be treated as not filed within due date specified in the Act and why the same should not be rejected. In response to the notice, the applicant filed its reply on 27.11.2023. The CIT(Exemption) held that the date of commencement of activities in the present case was since inception i.e. 13.01.1961 and applicant was required to file application in Form 10AB on or before 30.09.2022, Assessment Year: Nil Page 2 of 3 which the applicant failed to do so. Therefore, rejected the application, as the same was not filed within the time limit prescribed therein. Thus, the application filed in Form No.10AB under Section 80G(5) of the Act was rejected as non-maintainable.

The Ld. AR submitted that the CBDT vide Circular dated April, 2024 extended the time limit for making applications 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 Circular and the present appeal be disposed of with the said liberty granting to the applicant trust.