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2022 (10) TMI 105
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....e find that appeals filed by the assessee are time barred by 326 days. We find that the order granting registration u/s.12AA (1) (b) and exemption u/s.80G of the Act has been granted by the ld. PCIT(Exemptions) during the Covid period and the due date of filing the appeals before us also falls within the Covid period. Pursuant to the relaxation granted by the Hon'ble Supreme Court, we are inclined to condone the delay in filing of the appeals by the assessee and admit the same for adjudication. 3. The assessee has raised the following grounds in ITA No.1281/Mum/2022:- Ground No. 1: a. Your Appellant was prevented from filing the Appeal in time before your honor and prays to condone the delay of 326 days. Ground....
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.... The Hon. Principal Commissioner of Income Tax / Commissioner erred in passing "order for provisional approval" in Form 10AC under Sub clause (i) of first proviso to sub-section (5) of section 80G r/w. rule 17A/11AA/2C, where the appellant had applied for the re-registration of the existing trust under the provisions of section 80G(5) of the Act. Relief claimed: To issue of "Order for approval" in Form 10AC under Sub clause (i) of first proviso to sub-section (5) of section 80G r/w. rule 17/11AA/2C. Ground No. 3 a. The Hon. Principal Commissioner of Income Tax / Commissioner erred in not taking cognizance of letter dated 19th January 2022, requesting to issue the "order for approval" instead of "order for provisional appro....
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....ed by the assessee as per provisions of section 12A(1)(ac)(i) of the Act. The ld. AR further submitted that in cases where application is made under provisions of section 12A(1)(ac)(i) of the Act, the Principal Commissioner or Commissioner is required to pass an order registering the trust for a period of 5 years under section 12AB(1)(a) of the Act. However, Provisional Registration was granted in Form 10AC, which is granted to new charitable institutions who are yet to commence their activities. 5.3. Per Contra, the ld. DR vehemently relied upon the impugned order granting Provisional Registration. 6. We have considered the rival submissions and perused the material available on record. In order to decide the issue, it is relevant to....
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....t of its activities, whichever is earlier; (iv) where registration of the trust or institution has become inoperative due to the first proviso to sub-section (7) of section 11, at least six months prior to the commencement of the assessment year from which the said registration is sought to be made operative; (v) where the trust or institution has adopted or undertaken modifications of the objects which do not conform to the conditions of registration, within a period of thirty days from the date of the said adoption or modification; (vi) in any other case, at least one month prior to the commencement of the previous year relevant to the assessment year from which the said registration is sought, and such trust or....
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.... (ii) after satisfying himself about the objects of the trust or institution and the genuineness of its activities under item (A) and compliance of the requirements under item (B), of sub-clause (i),- (A) pass an order in writing registering the trust or institution for a period of five years; or (B) if he is not so satisfied, pass an order in writing rejecting such application and also cancelling its registration after affording a reasonable opportunity of being heard; (c) where the application is made under sub-clause (vi) of the said clause, pass an order in writing provisionally registering the trust or institution for a period of three years from the assessment year from which the registration is sought, an....