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TMI Blog2024 (6) TMI 526X X X X Extracts X X X X X X X X Extracts X X X X ..... ax Act, 1961 (in short, the Act) and approval of funds under Section 80G(5) of the Act dated 27/09/2023 and 29/09/2023 for the Assessment Year (AY) 2024-25. Facts in both these appeals are common, thus both the appeals are taken up together and are decided by this common order to avoid the conflicting decision. For appreciation of facts, we take ITA No. 255/Srt/2024 as a lead case. In this appeal, following grounds of appeal have been raised by the assessee. "1. On the facts and in the circumstances of the case and in law, the Ld. CIT(E), AHMEDABAD is not justified in presuming that actual activity is not in consonance with objects/ objectives of the trust, therefore the applicant would not be eligible for exemption u/s.11 of the Act. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plaining the sufficient cause for condoning the delay. In fact, the assessee has not received physical copy of order or soft copy on registered e- mail in rejecting the application of assessee-trust for registration. The assessee trust was unaware of such order till last week of January, 2024 when the office bearer checked the portal under e-proceedings link through tax consultant, came to know about dismissal/rejection of their application. From the date of knowledge of rejection of application, the assessee filed appeal within prescribed period of limitation. There is no intentional or deliberate delay in filing appeal before the Tribunal. The assessee has good case on merit and is likely to succeed if the matter is considered on merit. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idavit of Bhadarak Ramesh Chandra Nagarath in explaining the sufficient cause for condoning the delay. The ld AR for the assessee submits that application for approval under Section 80G(5) of the Act was rejected by the ld. CIT(E) on two counts i.e. firstly that application in Form 10AB for approval under section 80G(5) is filed on 30/03/2023 and as per CBDT Circular No. 8/2022, the assessee was required to file such application on or before 30/09/2022 and secondly there is no valid registration under Section 12A/12AB of the Act which is prerequisite for grant of approval under Section 80G of the Act. The ld AR for the assessee submits that so far as first objection is concerned, CBDT has already issued a Circular No.7/2024, wherein the tim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e-mail provided at the time of filing application online. The objection of the assessee about the service of notice of ld CIT(E) is not correct. Since the object and activities is not examined by the ld. CIT(E), therefore, in case, if this Bench consider that the assessee deserve any opportunity, the matter may be restored to the file of ld. CIT(E) to consider the object of assessee-trust and its activities and to pass order only thereafter. The assessee may be directed to be more vigilant in future for making compliance in time. 6. We have considered the rival submissions of both the parties and perused the record carefully. Firstly, we are considering the plea of condonation of delay. Before us, the ld. AR of the assessee vehemently subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... certain requisite details, therefore, in our view, the assessee deserve one more opportunity for considering their case on merit and examine the object and activities of the assessee and pass order in accordance with law. Needless to direct that before passing the order, the ld. CIT(E) shall grant a fair and reasonable opportunity of hearing to the assessee. The assessee is also directed to be more vigilant in making compliance in time and not raise a technical issue of non-service of physical notice as the assessee may be very well aware that in a new regime, the application is filed electronically, the show cause notice as well as the compliance is mandatorily be made only through ITBA Portal. Hence, ground No. 1, 2 to 5 are allowed for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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