CHINUBHAI MULCHAND SHAH CHARITABLE TRUST,AHMEDABAD vs. THE COMMISSIONER OF INCOME TAX (EXEMPTION), AHMEDABAD

PDF · subscribers
ITA 288/AHD/2024Status: DisposedITAT Ahmedabad20 May 2024Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R Senthil Kumar (Judicial Member)2 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 assessee had filed a fresh application for registration under section 80G. Therefore, the appeal was dismissed, with a direction to the CIT(E) to dispose of the fresh application.

What were the facts?

The assessee-trust filed an appeal against the rejection order for final registration under section 80G. The appeal was filed with a delay of 3 days, which was condoned by the tribunal due to the assessee's ill health.

What were the issues?

Whether the appeal filed against the rejection order for 80G registration is maintainable when a fresh application has been filed. The procedure for obtaining registration under section 80G.

Which sections of the Income-tax Act were involved?

Section 80G

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AHMEDABAD “ C ” BENCH

Before: Smt. Annapurna Gupta & Shri T.R Senthil Kumar

आदेश/ORDER

PER T.R. SENTHIL KUMAR, JUDICIAL MEMBER

1.

This appeal is filed by the assessee as against the rejection order dated 15.12.2023 passed by the Commissioner of Income Tax (Exemption), Ahmedabad for final registration under section 80G of the Income Tax Act, 1961.

2.

The registry has noted that there is a delay of 3 days in filing the above appeal. The assessee has filed a notarized affidavit that due to ill health, minor operation and consequential hospitalization and bed rest, there is a delay of 3 days in filing the appeal. Thus, we Chinubhai Mulchand Shah Charitable Trust vs. CIT(E) Asst.Year N.A 2 are satisfied with the reason stated by the assessee and the delay is hereby condoned.

3.

At the outset, the assessee-trust informed that it had made fresh application for registration under section 80G of the Act by filing Form No.10AB on 13.05.2024 with Acknowledgment number 214206200130524 before the Ld.CIT(E) in pursuance to the CBDT Circular no.7 of 2024 dated 25.04.2024, which extended due date of filing Form 10AB for approval under section 80G(5) of the Act upto 30.06.2024 and also enclosed copy of the same.

4.

Recording the above submission of the assessee-trust the appeal filed by the assesee is hereby dismissed with a direction to the Ld.CIT(E) to dispose-of the fresh application filed in Form 10AB by the assessee on 13.05.2024 for final registration u/s.80G(5) of the Act, in accordance with law. With this observation the appeal filed by the assessee is hereby dismissed.

5.

In the result, the appeal filed by the assessee is hereby dismissed.

More judgments on Section 80G

All 6,482 judgments and leading authorities on Section 80G →

Recent GST High Court judgments

Search GST case law →