Society wins appeal for 80G registration denial reversal after provisional approval granted

ITAT Kolkata allowed the appeal of a registered society against denial of registration under section 80G. The society had filed Form 10AB application for regular exemption under section 80G(5)(iii) on 01.06.2023 after receiving provisional approval on 28.05.2021. The tribunal set aside the impugned order and directed CIT(E) to grant provisional approval if the society is otherwise eligible, with final registration decision to be made within three months.

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Issues Involved:

1. Timeliness of the application for approval u/s 80G(5)(iii) of the Income Tax Act, 1961.
2. Eligibility for provisional approval u/s 80G(5)(iii) despite delayed application.

Summary:

Issue 1: Timeliness of the application for approval u/s 80G(5)(iii) of the Income Tax Act, 1961.

The assessee, a registered Society under the Registrar of Firms, Societies & Non-Trading Corporations, West Bengal, filed an application for approval u/s 80G(5)(iii) of the Income Tax Act, 1961 electronically on 01.06.2023 in Form 10AB. The ld. CIT (Exemption) rejected the application on the grounds that it was not filed in time. The Tribunal noted that the prescribed date for final application for approval under Clause (i) to the First Proviso to section 80G(5) was extended by the CBDT up to 30.09.2023, thus making the application timely.

Issue 2: Eligibility for provisional approval u/s 80G(5)(iii) despite delayed application.

The Tribunal referenced previous decisions, including the case of IAC Patrons Foundation vs. CIT(E), which established that institutions already approved u/s 80G(5)(vi) must re-apply for fresh registration under Clause (i) to the First Proviso to section 80G(5). The Tribunal emphasized that the assessee, having been granted provisional approval u/s 80G(5)(iv) from 28.05.2021 to AY 2024-25, was eligible to apply for final registration under Clause (iii) to First Proviso to section 80G(5) within the extended deadline. The Tribunal found that the assessee's application was within the limitation period and directed the ld. CIT (Exemption) to grant provisional approval if the assessee is otherwise found eligible.

Conclusion:

The Tribunal set aside the impugned order, allowed the appeal of the assessee, and directed the ld. CIT (Exemption) to grant provisional approval u/s 80G(5)(iii) of the Act, subject to eligibility, and to decide the application for final registration within three months of the receipt of the order.

Order:

The appeal filed by the assessee is allowed. Order pronounced in the open Court on 2nd May, 2024.

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