TaxTMI 
TaxTMI 
2023 (12) TMI 457
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....ief facts of the case, the assessee is a trust which was created on 29-04-2021 with objects of animal welfare (JIBIVA) and help to poor and needy people. The assessee trust was granted Final Registration u/s. 12AB(i) of the Act by the CIT(E) vide order dated 17-09-2022. The assessee trust also granted provisional registration u/s. 80G(5) of the Act vide order dated 01-10-2021. However, the assessee filed Form 10AB for final registration u/s. 80G(5) of the Act, which was rejected by the CIT(E) on the ground that the application was filed beyond the limitation period prescribed under the Act and extended period of limitation granted by the CBDT by way of various Circulars issued from time to time and thus also rejecting the provisional regist....
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....he learned Commissioner of Income Tax ( Exemption) is bad in law and contrary to the provisions of law and facts. It is submitted that the same be held so now. 4. Your appellant craves leave to add, alter and/or to amend all or any of the grounds before the final hearing." 4. The ld. counsel for the assessee, Shri Sulabh Padshah, appearing for the assessee submitted before us an affidavit filed by the Trustee explaining that provisional registration u/s. 80G(5) granted by CIT(E) vide order dated 01-10-2021. The Accountant of the trust Shri Prerna Shah who resigned his job and then after the trust has appointed one Shri Rakesh Kaladas Parmar as a new Accountant, who was not aware of the amended income tax provisions and validity ....
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....Trust vs. CIT(A) dated 26-07-2023 thus pleaded to condone the delay in filing Form 10AB of the Act 5. Per contra, CIT-D.R., Shri Akhilendra Pratap, appearing for the Revenue strongly opposed the plea of the assessee Trust and submitted that under the new provisions of the Act, strict time limit of six months period before expiry period of provisional registration or within six months of commencement of the activities of the Trust, whichever is earlier is prescribed under the Act. The above period was further extended upto 30-09-2022 by CBDT circular from 31st August, 2021. In the present assessee's case Provisional Registration was granted on 01-10-2021 u/s. 80G(5)(iv) for a period of three years from A.Ys. 2022-23 to 2024-25. However, t....
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....nths of the commencement of the activities of the Trust. It is only when the assessee trust approached their Chartered Accountant, the assessee trust realized the mistake and filed the same in Form 10AB for final registration u/s. 80G(5) of the Act on 28-02-2023. 6.1 For better understanding, section 80G(5)(3) of the Act reads as follows:- "(iii) where the institution or fund has been provisionally approved, at least six months prior to expiry of the period of the provisional approval or within six months of commencement of its activities, whichever is earlier;" 6.2 Reading of the above sub-section makes it clear that there is no provision to condone the delay in Registration of the Trust. However, the CBDT has extended the a....