9911796707
TMI Blog2024 (6) TMI 520X X X X Extracts X X X X X X X X Extracts X X X X ..... ith the appeal, the assessee has filed an affidavit giving reasons for delay in filing of the appeal. The assessee has testified in the affidavit that the delay occurred in filing of the appeal as much time was spent in getting just legal advice on the point "as to whether it should challenge the impugned order by way of appeal" or file similar fresh application under clause (iii) of first proviso to sub-section (5) of Section 80G of the Act. 4. It may be mentioned here that today when the matter was taken up on the application for preponement, Shri Himanshu Sharma, President-authorized representative of the assessee, submitted an application for withdrawal of Power of Attorney already given in favour of Shri R.S. Poonia, C.A. and Shri Ra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imine, in view of the request made on behalf of the assessee. However, it is significant to note that just now on the behalf of the assessee, its AR has filed an application with prayer to raise additional ground of appeal. The additional ground sought to be raised is that that after withdrawal of the above said application, portal of the Department did not allow to assessee to apply once again for the relief under the said provision. AR of the assessee has placed on record copy of order -approval dated 14.2.2024 granted by CIT(E) on accepting FORM No.10AC filed by the assessee subsequent to the withdrawal of similar application at the time application under section 80G was also withdrawn. In the given situation, when assessee has alrea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wed magnanimity in dealing with the matter. 11. As noticed above, in the course of arguments, nothing has been brought on record on behalf of the Department that the submission of the assessee about non filing of fresh application on the portal of the Department is wrong or without any basis or justification. At this stage, reference need to be made to a recent circular issued by CBDT as same is of much relevance on the issue involved. It reads as under: "Circular No. '7/ 2024 New Delhi, Dated 25th April, 2024 Sub: Extension of due date for filing of Form No. 10A/10AB under the Income-tax Act, 1961- reg. On consideration of difficulties reported by the taxpayers and other stakeholders in the electronic filing of Form No. I OAIIOAB, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st proviso to clause (23C) of section 10 or under sub-clause (iii) of clause (ac) of sub-section (I) of section 12A or under clause (iii) of the first proviso to sub-section (5) of section 80G of the Act, till 30.06.2024. 4. [t may be also noted that extension of due date as mentioned in paragraph 3(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 or under clause (iii) of the first proviso to sub-section (5) of section 80G of the Act, as the case may be. Hence, in cases where any trust, institution or fund has already made an application in Form No.10AB under the said provisions on or before the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n, that the portal of the Department has not allowed the assessee to upload afresh application under the said provision of law, approval has already been granted to the assessee on 14.2.2024 by CIT(E) on fresh Form AC, and circular No.7 reproduced above, this appeal is hereby disposed off, while observing that the assessee shall be entitled to present afresh application under clause (iii) of first proviso to sub-section (5) of Section 80G of the Act before the ld. CIT(E), Jaipur, in accordance with law, even manually, in case technical glitch continues to disallow filing thereof. Once the same is entertained, Learned CIT(E) to dispose of the application in accordance with law.
Order pronounced in the open court on 02/05/2024. X X X X Extracts X X X X X X X X Extracts X X X X
|
