SIMPLE DEED FOUNDATION,VADODARA vs. THE CIT(EXEMPTION), AHMEDABAD

PDF · subscribers
ITA 553/AHD/2024Status: DisposedITAT Ahmedabad04 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 the extended time limit made the current appeal infructuous. Therefore, the appeal was dismissed.

What were the facts?

The assessee filed an appeal against the rejection of their application for approval under Section 80G(5)(iii) due to a delay. The assessee later informed the tribunal that the CBDT had extended the time limit for filing fresh applications.

What were the issues?

Whether the appeal is maintainable when a fresh application can be filed due to an extended deadline.

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 “C” BENCH

Before: Ms. Suchitra Kamble & Shri Narendra Prasad Sinha

For Appellant: Shri Samir Parikh, A.R
For Respondent: Shri Kamlesh Makwana, CIT-D.R

आदेश/ORDER PER : NARENDRA PRASAD SINHA, ACCOUNTANT MEMBER:-

1.

This appeal is filed by the assessee against the order of the ld. Commissioner of Income Tax, CIT (Exemption), Ahmedabad, [in short CIT(E)] dated 22-06-2023 rejecting the application for approval u/s. 80G(5)(iii) of the Income Tax Act, 1961 (hereinafter referred to as the Act).

2.

The appeal is delayed by 219 days. The condonation application has been filed by the assessee with a request to condone the delay on the ground that the assessee was in two minds as to whether to file a fresh application A.Y. N.A. Page No. 2 Simple Deed Foundation vs. CIT(Exemption) before the CIT(E) or to contest the rejection of application before the Ld. ITAT. Considering the dilemma of the assessee, the delay in filing of the appeal is condoned. The Department also did not raise any objection to the condonation of delay.

3.

The assessee has taken following grounds of in this appeal:- “1. As the application is filed was seems to be beyond due date and likely to be rejected, the applicant prefer to withdraw appeal keeping right to file new application as per provision laid down under the Act

2. We had withdrawn 10AB application filed presuming that we will be able to file form 10AB again within prescribed time limit in appropriate clause. But Income Tax site don't permit us to file application in appropriate clause stating that not eligible for registration under the selected section mentioned in the form as there already exists a valid registration form submission

3. The trust is requesting you to allow the appeal of Appellant for non granting approval by Hon. CIT Exemption.

4. Alternatively appeal is allowed by set aside the order and matter referred back to the desk of Hon. CIT Exemption for reconsideration

5. Appellant Craves leave to add, alter or amend any of the grounds of Appeal mentioned above, either at or before the time of hearing.

4.

Shri Samir Parikh, the ld. A.R. of the assessee informed in the course of hearing that the time limit of making fresh application u/s 80G(5)(iii) of the Act by filing the Form No. 10AB of the Act has been extended by the CBDT vide the Circular No. 7/2024 dated 25th April, 2024. He informed that the assessee will be exercising the option to file a fresh application for approval in view of this Circular of CBDT.

5.

We have considered the request of the assessee. The ld. CIT(E) had rejected the application of the assessee for approval u/s. 80G(5)(iii) of the A.Y. N.A. Page No. 3 Simple Deed Foundation vs. CIT(Exemption)

Act for the reason that there was delay in filing the application in Form 10AB, which was held as non-maintainable and was rejected. As per Circular No. 7/2024 dated 22nd April, 2024, the CBDT has allowed another opportunity for filing application u/s. 80G(5) of the Act by extending the time limit for filing such application till 30-06-2024. The ld. A.R. has also submitted that the assessee will exercise the option of filing fresh application within this extended time limit. In view of this extended time limit for filing application u/s. 80G(5) of the Act, the present appeal has become infructuous and is liable to be dismissed and is accordingly dismissed.

6.

In the result, the appeal of the assessee is dismissed.

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 →