TaxTMI 
TaxTMI 
2024 (5) TMI 291
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....uently, an application for approval of the Trust u/s 80G(5)(iii) of the Act was filed electronically. The same is filed on 01.06.2023 in form 10AB. Ld. CIT (Exemption) has rejected the application of the assessee on this ground that application in Form 10AB u/s 80G(5)(iii) of the Act was not filed in time. 3. Ld. Counsel for the assessee challenges the impugned order of ld. CIT (Exemption) thereby submitting that ld. CIT (Exemption) erred not granting the approval u/s 80G of the Act. Only on this ground there is a delay in filing in the Form 10AB. Ld. Counsel for the assessee filed the decision of this Tribunal passed in case of IAC Patrons Foundation vs. CIT(E) in ITA No. 320/KOL/2024 order dated 07.03.2024 and submits that the facts of the present case is squarely covered with the facts of the above cited case. 4. Ld. D/R supported the order of ld. CIT (Exemption) thereby submitting that ld. CIT (Exemption) has rightly rejected the appeal of the assessee. 5. We have perused the cited decision and find that in the case of IAC Patrons Foundation (supra) the Coordinate Bench of this Tribunal has followed the decision of the Coordinate Bench, Kolkata in the case of Tomorrow's Foun....
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.... laid down in clauses (i) to (v); (b) after satisfying himself about the genuineness of activities under item (A), and the fulfilment of all the conditions under item (B), of sub-clause (a),- (A) pass an order in writing granting it approval for a period of five years; or" Provided also that the approval granted under the second proviso shall apply to an institution or fund, where the application is made under- (a) clause (i) of the first proviso, from the assessment year from which approval was earlier granted to such institution or fund; (b) clause (iii) of the first proviso, from the first of the assessment years for which such institution or fund was provisionally approved; (c) in any other case, from the assessment year immediately following the financial year in which such application is made. 4. A perusal of the above provisions would reveal that the institutions which stood already approved u/s 80G(5)(vi) on the date of Amendment brought to section 80G of the Act by Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 have to re-apply for fresh registration under Clause (i) to the First Proviso to section 80G(5) of the Act and tho....
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.... fresh approval under Clause (iv) to First Proviso to section 80G(5) of the Act, therefore, the assessee-trust was entitled to apply for final registration and there was no bar to the institution for making such application. This issue has already been adjudicated upon by the Coordinate Bench of the Tribunal in the case of "Vivekananda Mission Asram vs. CIT" in ITA No.995/Kol/2023 decided on 08.12.2023 (Judicial Member herein being the author of the said order) while deliberating upon the provisions of section 80G(5) of the Act, has held as under: "6. So far as the observation of the ld. CIT(E) that the assessee had already commenced its activities since long and that as per Clause (iii) of 1st Proviso to section 80G(5) of the Act, the application for final registration was to be filed within six months from the commencement of its activities and therefore, the application of the assessee for final registration was time-barred, is concerned, we note that the issue has already been discussed and adjudicated by the Coordinate Bench of the Tribunal in the case of West Bengal Welfare Society vs. CIT(Exemption), Kolkata vide order dated 13.09.23 [one of us i.e. the Judicial Member her....
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....t and have made application for renewal of the registration without any time break. However, the said last date which has been extended to 30.09.23 by CBDT Circular No.6 of 2023 is not applicable for the institutions who have filed application for fresh provisional registration under Clause (iv) to First Proviso to section 80G(5) of the Act and thereafter for making application under Clause (iii) to First Proviso to section 80G(5) of the Act. 5.1 We deem it appropriate to mention here that CBDT has extended the date upto 30.09.2023 for making application under Clause (i) to First Proviso to section 80G(5) of the Act, which means that the institutions, which were already registered prior to the amendment brought to section 80G(5) by Amendment Act of 2020 w.e.f. 01.04.2021, if an institution for some reasons could not make an application for renewal/continuance of registration under Clause (i) to First Proviso to section 80G(5) of the Act within the stipulated period of three months, it could still apply under Clause (i) upto 30.09.2023. However, once an institution has applied under Clause (i) to First Proviso to section 80G(5) of the Act on or before 30.09.2023, it will be furthe....