TaxTMI 
TaxTMI 
2024 (5) TMI 184
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....se (iii) of first proviso to section 80G(5) of the Income Tax Act, 1961 (hereinafter the 'Act') vide order dated 30.08.2023 and the appeal in ITA No. 1006/CHNY/2023 is against the provisional approval granted u/s. 80G(5)(iv) of the Act dated 24.09.2021. 2. The only issue in this appeal of assessee in ITA No. 1005/CHNY/2023 is as regards to the order of CIT(Exemption) rejecting assessee's application filed in Form No. 10AB u/s. 80G(5)(iii) of the Act dated 21.02.2023 as not maintainable. 3. Brief facts are that the assessee, M/s. Periyar Maniammai Academy of Higher Education and Research, filed an application in Form No. 10AB under Rule 11AA of the Income Tax Rules, 1962 (hereinafter the 'Rules') seeking approval under clause (iii) of firs....
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....the commencement of its activities. The CIT(Exemption) accordingly rejected the assessee's application as not maintainable as beyond time. At this point, the ld.counsel for the assessee stated that this issue is no longer res-integra and covered by the decision of Coordinate Bench of this Tribunal in the case of Shri Ramajayam Charitable Trust vs. ITO in ITA No. 1136/CHNY/2023, order dated 08.03.2024. 4. At this point, the ld.Senior DR apart from the arguments made in lead case, he made new arguments that in earlier provisions of section 80G(5)(iv) of the Act, the provision was that in any other case, the application has to be filed at least one month prior to commencement of the previous year relevant to the assessment year from which the....
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....od of the provisional registration/ approval or within six months of the commencement of activities, whichever is earlier. Regular registration/approval shall be valid for a period of 5 years He also brought out that the trust and institutions under both regimes are facing difficulties and to remove the same for the trust or institutions formed or incorporated during the previous year, which are not able to get the exemption for that year, in which they are formed or incorporated since they need to apply one month before the previous year for which exemption is sought, is removed. Further, besides trusts or institutions, where activities have already commenced are required to apply for two registrations i.e., provisional and regular simult....
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.... filing Form No. 10A for recognition u/s. 80G of the Act was also extended up-to 30.09.2023 by the same circular for trusts filing registration under clause (i) to first proviso to section 80G(5) of the Act. But the above extension was not extended beyond 30.09.2022, unlike other forms which were extended up to 30.09.2023 to the disputed forms namely Form No. 10AB for renewal of recognition u/s. 80G(5) of the Act under clause (iii) of the first proviso to section 80G(5) of the Act. Once, the CBDT has extended the timeline for filing Form No. 10AB for recognition u/s. 12A of the Act and also for filing Form No. 10A for recognition u/s. 80G of the Act extended up to 30.09.2023 for trusts filing registration under clause (i) of first proviso t....
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....recognition u/s. 12A of the Act has been extended up to 30.09.2023, the same may be treated as extended for forms namely Form No. 10AB for renewal of approval/recognition/registration under clause (iii) of first proviso to section 80G of the Act also. Hence, we accept the plea of assessee and agree with the arguments of ld. counsel for the assessee and remand the matter back to the file of the CIT(Exemption) to decide the issue on merits. Hence, the order of CIT(Exemption) on this issue is set aside and matter is remanded back to the file of the CIT(Exemption) for re-deciding the issue on merits as per law. The appeal of the assessee is allowed for statistical purposes. In view of the above, we set aside the order of CIT(Exemption) dated 3....