TaxTMI 
TaxTMI 
2024 (6) TMI 931
X X X X Extracts X X X X
X X X X Extracts X X X X
....tion for final Registration is that the assessee filed its Application u/s. 80G(5)(iii) of the Act in Form No.10AB belatedly on 23.11.2022. 2. The brief facts of the case is that the assessee is a Trust incorporated on 06.05.2011 with the object to promote education. The assessee was granted Registration u/s. 12A of the Act and also granted approval u/s. 80G of the Act. There was an amendment brought out to the provisions of Section 12A and 80G of the Act vide Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 with effect from 01.04.2021 whereby any Trust, Society or Institution has already been approved before the said amendment was required to re-apply for grant of approval u/s. 12AB and 80G of the Act, wi....
X X X X Extracts X X X X
X X X X Extracts X X X X
....eas it has been filed on 23/11/2022 and the present application filed in Form No. 10AB u/s 80G(5) of the Act has not been filed within the time limit prescribed therein and therefore, the same is liable to be rejected as such as non-maintainable, without going into the merits/other aspects of the case." 3. Aggrieved against the Rejection order the assessee is in appeal before us raising the following Grounds of Appeal: 1. The Ld. CIT(E) has erred in passing an order in Form 10AD by rejecting the appellant's application for registration or approval u/s 80G(5) of the Income Tax Act, 1961 stating that such application is Non maintainable. It is submitted that the onder passed by Ld. CIT(E) is incorrect and illegal both on facts and on ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....r with a direction to reconsider Form 10AB for Final Registration u/s. 80G of the Act by observing as follows: "...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 above time limits by invoking section 119 of the Act by issuing circular No. 8 of 2022, dated 31-03- 2022 extending the time limit upto 30th September, 2022....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... makes it clear that the time is extended up till 30-09-2023, whereas the assessee filed belated application on 28-02-2023. The above circular also clarified that even in case, where the application in Form No. 10AB was rejected by the CIT(E) on or before issuance of this circular dated 24-05- 2023, the assessee trust can make fresh application in Form 10AB on or before 30-09-2023. Thus, the ld. CIT(E) has not considered the clause 7 of the Circular no. 6 of 2023 thereby rejected the application which is in our considered view is against the circular issued by the CBDT. Therefore, we hereby set aside the impugned order passed by CIT(E) with a direction to reconsider the From No.10AB for final registration u/s. 80G of the Act by giving prope....