2023 (12) TMI 457 - AT - Income Tax

Trust gets second chance for 80G registration after belated Form 10AB filing under CBDT Circular 6/2023

ITAT Ahmedabad allowed the appeal where CIT(E) denied final registration under section 80G due to belated filing of Form 10AB. The assessee trust, having ... Registration u/s. 80G denied - belated filing of Form no. 10AB u/s. 80G(5) - Assessee argued as Provisional Registration granted u/s. 80G(5) on 01-10-2021 is the sufficient registration and not aware of the Final Registration which is required to be applied within six months of the provisional registration or six months of the commencement of the activities of the Trust - HELD THAT:- As time is extended up till 30-09-2023, whereas the assessee filed belated application on 28-02-2023. The above circular also clarified that even in case, where 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 registration u/s. 80G of the Act. Appeal of the assessee is allowed for statistical purposes. Issues involved:The appeal against rejection of registration under section 80G of the Income Tax Act, 1961.Summary:Issue 1: Rejection of registration under section 80GThe assessee, a trust formed for animal welfare and helping the needy, had its application for final registration under section 80G rejected by the CIT(E) due to filing beyond the prescribed time limit. The assessee appealed, arguing for approval based on bonafide reasons and citing lack of understanding between provisional and final registration. The counsel for the assessee presented affidavits explaining the delay and sought condonation. The Revenue opposed, emphasizing the strict time limit under the Act. The Tribunal noted the trust's misunderstanding, the CBDT circulars extending time limits, and the failure of the CIT(E) to consider a relevant circular. Consequently, the impugned order was set aside, directing a reconsideration of the application for final registration under section 80G.Separate Judgement:None.