2025 (3) TMI 137 - AT - Income Tax

Trust wins appeal after tax authority wrongly rejected Section 80G approval application filed within time limit

ITAT Delhi allowed the appeal and set aside CIT(E)'s rejection of Form 10AB for approval under Section 80G(5)(iii). The Trust had obtained provisional ... Rejection of approval u/clause (iii) of the first proviso to Section 80G(5) alleging beyond limitation - whether the CIT(E) rejected Form 10AB dated 26.03.2024 in which approval under clause (iii) of first proviso to section 80G was sought by assessee, filed belatedly or not ? - CIT(E) observed that activities of the applicant Trust has commenced prior much before obtaining provisional approval and the present application has not filed within time prescribed HELD THAT:- There is material substance in the submissions advanced on behalf of the assessee/ appellant that the trust was not migrating from old regime to new regime as its approval had lapsed on 31.03.2009, which was not renewed upto 31.03.2021, so it was allowed provisional approval on 02.10.2021 for the period from 02.10.2021 to AY 2024-25 and then the trust filed application for final approval on 21.09.2023 under clause (iii) of the first proviso to Section 80G(5), which was definitely within prescribed time limit as it is covered by the first limb of clause (iii) i.e. at least six months prior to expiry of the period of the provisional approval and not covered by the 2nd limb of clause (iii), as the activities already been commenced on 05.09.1980. We are of the considered opinion that rule of procedure are just to handmade to administration of justice and not to penalise anybody and object of procedure only for interest of justice and same should be dealt with in just manner in order to fulfil the end’s of justice. In conclusion, we are inclined to accept the plea of assessee / appellant and remitting the matter back to the file of the CIT(E) to decide the issue afresh on merit, in accordance with law. Thus, the impugned order of the CIT(E) is hereby set aside and quashed on this point and matter be remitted back to file of the Ld. CIT(E) with the direction to decide expeditiously afresh in accordance with law treating the application as filed within statutory time limit. ISSUES PRESENTED and CONSIDEREDThe core issue in this appeal is whether the application filed by the appellant Trust for final approval under clause (iii) of the first proviso to Section 80G(5) of the Income Tax Act, 1961, was filed within the prescribed time limit. The Tribunal was tasked with determining if the rejection of the application by the Commissioner of Income Tax (Exemption) [CIT(E)] was justified based on the timing of the application.ISSUE-WISE DETAILED ANALYSISRelevant legal framework and precedents:The legal framework revolves around Section 80G of the Income Tax Act, which provides for approval of charitable trusts for tax exemption purposes. Specifically, the first proviso to Section 80G(5) outlines the conditions under which trusts can apply for approval or renewal of approval. Clause (iii) of this proviso requires that an application for final approval be made at least six months prior to the expiry of the provisional approval or within six months of the commencement of activities, whichever is earlier.The appellant Trust was initially registered in 1980 and had obtained original approval under Section 80G(5)(vi) in 2007, which expired in 2009. The Trust did not renew this approval until the provisional approval was granted in 2021. The Trust then applied for final approval in 2023, which was rejected by CIT(E) as being beyond the prescribed time limit.Court's interpretation and reasoning:The Tribunal considered the interpretation of the statutory provisions, particularly the timing requirements under clause (iii) of the first proviso to Section 80G(5). The Tribunal referred to a similar case adjudicated by the ITAT Pune, where it was held that the timing requirement of 'within six months of commencement of its activities' applies to newly formed trusts and not to existing trusts that had commenced activities long before obtaining provisional approval.Key evidence and findings:The Tribunal noted that the appellant Trust had commenced its activities in 1980 and had been granted provisional approval in 2021 for the period up to Assessment Year 2024-25. The application for final approval was filed in September 2023, which the Tribunal found to be within the prescribed time limit when considering the first limb of clause (iii) - at least six months prior to the expiry of the provisional approval.Application of law to facts:The Tribunal applied the interpretation that the timing requirement in clause (iii) should be read harmoniously to avoid absurd results, such as preventing long-established trusts from applying for final approval. The Tribunal concluded that the appellant Trust's application was timely under the first limb of clause (iii), as it was filed six months before the expiration of the provisional approval.Treatment of competing arguments:The CIT(E) had rejected the application on the grounds that it was not filed within six months of the commencement of activities, as the Trust's activities began in 1980. The Tribunal disagreed with this interpretation, emphasizing that the legislative intent was not to penalize existing trusts in such a manner. The Tribunal's reasoning was supported by the precedent from the ITAT Pune and the principles of statutory interpretation outlined by the Supreme Court.Conclusions:The Tribunal concluded that the CIT(E)'s rejection of the application was not justified. The Tribunal found that the application was filed within the statutory time limit under the correct interpretation of the law.SIGNIFICANT HOLDINGSThe Tribunal's significant holding was that the timing requirement in clause (iii) of the first proviso to Section 80G(5) should be interpreted to apply differently to existing trusts versus newly formed trusts. For existing trusts, the requirement to apply within six months of commencement of activities does not apply if the activities began long before obtaining provisional approval. Instead, the application must be filed six months before the expiry of the provisional approval.In the Tribunal's words: 'The statutory provision shall be interpreted in such a way to avoid absurdity... the words, 'within six months of commencement of its activities' has to be interpreted that it applies for those trusts/institutions which have not started charitable activities at the time of obtaining Provisional registration, and not for those trust/institutions which have already started charitable activities before obtaining Provisional Registration.'The Tribunal set aside and quashed the order of the CIT(E) and remitted the matter back for reconsideration on the merits, directing that the application be treated as filed within the statutory time limit.