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TMI Blog2024 (3) TMI 1365X X X X Extracts X X X X X X X X Extracts X X X X ..... e long and short of the case is that; the appellant's application dt. 19/04/2022 for provisional registration u/s 80G(5)(iv) of the Act was accepted by the respondent Revenue and certificate to that effect vide order dt. 12/05/2022 was issued. Said provisional registration was in force and valid upto assessment year 2024-25. In compliance of terms of condition of provisional registration and applicable provisions of the Act, the assessees vide its application No. CIT EXEMPTION, PUNE/2023/ 24/12AA/11360 dt. 31/03/2023 applied for regular/final 80G approval/registration, this application however by the impugned order is rejected by the Ld. CIT(E) in limine on the grounds of limitation. 3. In view of the Ld. CIT(E), since the appellant had al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the material available on record. It remained undisputed that, the appellant was granted a provisional registration u/s 80G(5)(iv) of the Act on 12/05/2022, and therefore was under obligation to file form 10AB for regular/final registration by 04/11/2022 or before the expiry of six months in terms of clause (iii) of first proviso to s/s (5) of section 80G of the Act. The appellant's application dt. 31/03/2023 for grant of regular registration was however admittedly filed after the expiry of former stipulate period. As a result, the application was rejected by the Revenue in limine on threefold grounds viz; (i) the application is barred by limitation, (ii) the appellant was not entitled to the extended time period in terms of circular 08/20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es falling u/c (i) of the first proviso to s/s (5) of the 80G of the Act. The clause (i) in turn refers to institutions or funds approved u/c (vi) by Ld. PCIT/CIT in relation to donation made after 31/03/1992. That is to say the assessee who is granted provisional registration by an order u/c (vi) of 80G(5) would then be entitled to extended time by virtue of 5(i) r.w. para 1(c) of circular (supra) and not otherwise. 9. In the present case before us, reading from para 3 of impugned order it as an undisputed fact that the appellant assessee was granted a provisional registration u/c (iv) of s/s (5) of section 80G of the Act by an order u/c (vi) of s/s (5) of section 80G of the Act by the Ld. CIT(E). Therefore, there remains no reason to dra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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