TMI Blog2023 (12) TMI 457X X X X Extracts X X X X X X X X Extracts X X X X ..... the application in Form No. 10AB was rejected by the CIT(E) on or before issuance of this circular dated 24-05- 2023, the assessee trust can make fresh application in Form 10AB on or before 30-09-2023. CIT(E) has not considered the clause 7 of the Circular no. 6 of 2023 thereby rejected the application which is in our considered view is against the circular issued by the CBDT. Therefore, we hereby set aside the impugned order passed by CIT(E) with a direction to reconsider the From No.10AB for final registration u/s. 80G of the Act by giving proper opportunity of being heard to the assessee trust. Needless to say the assessee trust should co-operate by furnishing all the required details as mandated under the law for granting final regis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aising the following grounds of appeal:- 1. The learned Commissioner of Income Tax (Exemption) has erred in rejecting the application filed by the Appellant Trust on the ground that the application filed in Form 10AB has not filed within time limit prescribed and therefore it is nonmaintainable. On facts and circumstances of the case, the action of Ld. CIT(Exemption) of rejecting the application filed u/s 80G(5) of the Act is incorrect and unlawful and the approval u/s. 80G(5) of the Act ought to have been granted to the Appellant Trust. The same please be held now. 2. The learned Commissioner of Income Tax (Exemption) has erred in rejecting the application filed u/s 80G(5)(iii) of the Act stating that the delay in filing of applicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct which are being the new provisions of law. The assessee being a newly formed Trust, when their Chartered Accountant indicated the mistake in not filing Final approval u/s. 80G(5) of the Act. It is thereafter the assessee trust immediately filed an application in Form 10AB for final registration on 28-02-2023 with a prayer to condone the bonafide mistake made by the assessee trust. The assessee Trust also filed supporting affidavit of the new Accountant namely Rakesh Kaladas Parmar explaining that he did not understand the difference between the Provisional and Final registration under 80G(5) of the Act. Thus, ld. counsel for the assessee pleaded that the assessee trust got registration under 12AB(i) of the Act for the assessment years 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... circulars. Thus, ld. CIT(E) is correct in denying Final registration u/s. 80G(5) of the Act which is beyond the period of limitation prescribed under the Act. The above rejection order does not require any interference and therefore the assessee s appeal is liable to be rejected. The ld. Departmental Representative further submitted that if delay is condoned that will be an opening for such kind of litigations before this appellate forum and therefore requested to dismiss the appeal filed by the assessee. 6. We have given our thoughtful consideration and perused the material available on record. It is undisputed fact that the Trust was created on 29-04-2021 and Final registration u/s. 12A(i) of the Act was granted to the Assessee Trust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is thereafter by circular No. 6 of 2023 dated 24-05-2023 clarified as follows:- 7. It may be also noted that the extension of due date as mentioned in paragraph 5(ii) shall also apply in case of all pending applications under clause (iii) of the first proviso to clause (23C) of section 10 or sub-clause (iii) of clause (ac) of sub-section (1) of section 12A of the Act, as the case may be. Hence, in cases where the trust has already made an application in Form Ho. 10AB under the said provisions but such application has been furnished after 30.09.2022 and where the Principal Commissioner or Commissioner has not passed an order before the issuance of this Circular, the pending application in Form No. 10AB may be treated as a valid appl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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