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2024 (5) TMI 185 - ITAT AHMEDABADApproval Application made u/s 80G (5) - rejection of application as belatedly filled - HELD THAT:- As decided in M/S. CIT-1982 CHARITABLE TRUST [2024 (3) TMI 1201 - ITAT CHENNAI] ITAT correctly observed that there is no reason to provide for a distinction within the same provision, so as to have a different timeline for accepting application for grant of final approval in respect for grant of registration in Form No. 10AB for registration u/s 12A of the Act and for grant of final registration u/s 80G(5). ITAT, in our view has correctly observed that there cannot be a distinction within the same provision for having different time-lines, without bringing out any exception and further, even the provisions of Section 80G are for the benefit of the donors, who are donating money to the charitable trust for claiming exemption in their returns of income. We observe that the assessee had filed Form 10AB for grant of final registration u/s 80G of the Act on 04.02.2023 i.e. within the extended time-line provide vide CBDT Circular with respect for final registration of Trust u/s 12A of the Act in Form 10AB i.e. 30.09.2023. Accordingly, in light of the aforesaid Ruling, the order of CIT(Exemptions) on this issue is set aside, and matter is remanded to the file of CIT(Exemption) for re-deciding the issue of grant of final registration u/s 80G(5), on merits, as per law. Appeal of the assessee is allowed for statistical purposes.
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