2025 (7) TMI 13 - AT - Income Tax

Denial of registration u/s 80G(5) - charitable activities carried out by the assessee approved - mistake committed by the assessee is that it should have applied under sub-clause (i) of the first proviso to Section 80G(5) - registration denied on the ground that assessee was earlier granted provisional registration which should not have been granted to it because it has commenced its activities in Financial Year 2016-17 HELD THAT - Assessee instead of filing under sub-clause (i) has filed under sub-clause (iii) which is meant for new institutions which came into existence after 01.04.2021 and due to this anomaly ld. Commissioner did not grant approval to the assessee under Section 80G(5) (vi) of the Income Tax Act. We find that assessee Trust is already registered and only error committed by the assessee is the filing of the application under a wrong Section. Otherwise it fulfills all the ingredients for grant of approval. Though under sub-clause (i) of the first proviso the time limit was provided as three months from 1st day of April 2021 but this time limit has been extended by the CBDT time to time and lastly it was available upto the end of June 2024 vide Circular No. 7 of 2024. The assessee has filed application on 07.05.2024. Thus its application was within time but only error committed by the assessee was mentioning of the wrong Section. Therefore we set aside the order of the CIT(Exemptions) and direct the CIT to grant approval to the assessee as if it is an old Institution which came into existence prior to 01.04.2021 and entitled for registration. Such registration be granted to the assessee by treating the application under sub-clause (i) for grant of regular registration and not as a provisional registration. The necessary certificate be issued accordingly. Appeal of the assessee is allowed.

Summary

The core legal questions considered in this appeal relate to the eligibility and procedural compliance for grant of registration under Section 80G(5)(vi) of the Income Tax Act, 1961, specifically:

1. Whether the assessee, a charitable institution registered under Section 12AA, is entitled to registration under Section 80G(5)(vi) despite having commenced activities prior to 01.04.2021.

2. Whether the application filed by the assessee under sub-clause (iii) of the first proviso to Section 80G(5) was appropriate, or whether it should have been filed under sub-clause (i) given the date of commencement of activities.

3. The effect of procedural errors in filing the application under an incorrect sub-clause on the grant of approval under Section 80G(5)(vi).

4. The applicability of extended timelines for filing applications for approval under Section 80G(5)(vi) as per Circular No. 7 of 2024 and related amendments.

Issue-wise Detailed Analysis

Issue 1: Eligibility for registration under Section 80G(5)(vi) given commencement of activities prior to 01.04.2021

The relevant legal framework is Section 80G(5) of the Income Tax Act, which mandates that donations to an institution are eligible for deduction only if the institution is approved by the Principal Commissioner or Commissioner. The provisos to sub-section (5) prescribe the procedural requirements for grant of such approval, including timelines and categories of institutions based on their date of establishment and prior approvals.

Precedents and the statutory scheme distinguish between institutions approved before 01.04.2021 and those established thereafter. Institutions existing prior to this date are required to apply under sub-clause (i) of the first proviso, while new institutions apply under sub-clause (iii) for provisional approval.

The assessee was incorporated on 08.08.2016 and registered under Section 12AA effective 01.04.2024. It had commenced activities in Financial Year 2016-17, thus qualifying as an institution existing prior to 01.04.2021.

The Court noted that the assessee fulfills all substantive conditions for approval under Section 80G(5)(vi), including genuine charitable activities, as acknowledged by the CIT (Exemptions).

The Court applied the law to the facts and concluded that the assessee is entitled to registration as an old institution under sub-clause (i), not as a new institution under sub-clause (iii).

Issue 2: Appropriateness of filing application under sub-clause (iii) instead of sub-clause (i)

The provisos to Section 80G(5) specify different procedural requirements for various categories of institutions. Sub-clause (i) requires institutions approved before amendment to apply within three months from 01.04.2021. Sub-clause (iii) applies to new institutions commencing activities after 01.04.2021, allowing provisional approval for three years.

The assessee erroneously filed the application under sub-clause (iii), intended for new institutions, despite its establishment and commencement predating 01.04.2021.

The Court observed that this procedural misclassification was the sole error committed by the assessee. There was no dispute on the genuineness or eligibility of the institution's activities.

The Court reasoned that this mistake should not defeat the substantive right of the assessee to registration under the correct sub-clause (i).

Issue 3: Effect of procedural error on grant of approval

The CIT (Exemptions) denied registration on the ground that provisional registration should not have been granted due to commencement of activities before 2016-17, reflecting the procedural error in application.

The Court analyzed the statutory scheme and noted that the procedural timelines under sub-clause (i) had been extended by the CBDT through Circular No. 7 of 2024, allowing applications till end of June 2024.

The assessee filed its application on 07.05.2024, which was within the extended timeline.

Given that the substantive conditions were met and the application was timely, the Court concluded that the procedural error in selecting the wrong sub-clause should be rectified by treating the application as if filed under sub-clause (i).

The Court set aside the CIT (Exemptions) order denying registration and directed the grant of approval treating the assessee as an old institution entitled to regular registration rather than provisional registration.

Issue 4: Applicability of extended timelines for filing applications under Section 80G(5)(vi)

The Court referred to the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020, which amended Section 80G(5) effective 01.04.2021, and subsequent CBDT circulars extending timelines for application.

The extension of the deadline to June 2024 was crucial in allowing the assessee's application to be considered timely despite the original three-month limit from 01.04.2021.

The Court emphasized that such extensions must be given effect to avoid unjust denial of benefits to eligible institutions.

Significant Holdings

"The mistake committed by the assessee is that it should have applied under sub-clause (i) of the first proviso to Section 80G(5). The assessee instead of filing under sub-clause (i) has filed under sub-clause (iii) which is meant for new institutions which came into existence after 01.04.2021 and due to this anomaly, ld. Commissioner did not grant approval to the assessee."

"We find that assessee Trust is already registered and only error committed by the assessee is the filing of the application under a wrong Section. Otherwise, it fulfills all the ingredients for grant of approval."

"Though under sub-clause (i) of the first proviso, the time limit was provided as three months from 1st day of April, 2021 but this time limit has been extended by the CBDT time to time and lastly it was available upto the end of June, 2024 vide Circular No. 7 of 2024. The assessee has filed application on 07.05.2024. Thus, its application was within time but only error committed by the assessee was mentioning of the wrong Section."

"Therefore, we set aside the order of the CIT(Exemptions) and direct the CIT to grant approval to the assessee as if it is an old Institution which came into existence prior to 01.04.2021 and entitled for registration. Such registration be granted to the assessee by treating the application under sub-clause (i) for grant of regular registration and not as a provisional registration."

The core principles established include:

- The substantive eligibility of a charitable institution for registration under Section 80G(5)(vi) is paramount and procedural errors in application classification should not defeat this right if the institution fulfills all conditions.

- The amended provisions and extended timelines under the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020, and subsequent CBDT circulars must be applied to prevent unjust denial of benefits.

- The distinction between old and new institutions under the provisos to Section 80G(5) is critical for procedural compliance but can be rectified if misapplied, provided the application is timely and the institution meets substantive requirements.

Final determinations:

- The assessee is entitled to registration under Section 80G(5)(vi) as an institution existing prior to 01.04.2021.

- The application filed under sub-clause (iii) shall be treated as filed under sub-clause (i) for grant of regular registration.

- The order denying registration is set aside, and the CIT (Exemptions) is directed to grant approval and issue the necessary certificate accordingly.