2024 (3) TMI 1365

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....ax Act, 1961 [for short 'the Act']. 2. The long and short of the case is that; the appellant's application dt. 19/04/2022 for provisional registration u/s 80G(5)(iv) of the Act was accepted by the respondent Revenue and certificate to that effect vide order dt. 12/05/2022 was issued. Said provisional registration was in force and valid upto assessment year 2024-25. In compliance of terms of condition of provisional registration and applicable provisions of the Act, the assessees vide its application No. CIT EXEMPTION, PUNE/2023/ 24/12AA/11360 dt. 31/03/2023 applied for regular/final 80G approval/registration, this application however by the impugned order is rejected by the Ld. CIT(E) in limine on the grounds of limitation. 3. In view....

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.... have given our thoughtful consideration and perused the material available on record. It remained undisputed that, the appellant was granted a provisional registration u/s 80G(5)(iv) of the Act on 12/05/2022, and therefore was under obligation to file form 10AB for regular/final registration by 04/11/2022 or before the expiry of six months in terms of clause (iii) of first proviso to s/s (5) of section 80G of the Act. The appellant's application dt. 31/03/2023 for grant of regular registration was however admittedly filed after the expiry of former stipulate period. As a result, the application was rejected by the Revenue in limine on threefold grounds viz; (i) the application is barred by limitation, (ii) the appellant was not entitled to....

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.... cases of 10(23) and 12A registration also covers the cases falling u/c (i) of the first proviso to s/s (5) of the 80G of the Act. The clause (i) in turn refers to institutions or funds approved u/c (vi) by Ld. PCIT/CIT in relation to donation made after 31/03/1992. That is to say the assessee who is granted provisional registration by an order u/c (vi) of 80G(5) would then be entitled to extended time by virtue of 5(i) r.w. para 1(c) of circular (supra) and not otherwise. 9. In the present case before us, reading from para 3 of impugned order it as an undisputed fact that the appellant assessee was granted a provisional registration u/c (iv) of s/s (5) of section 80G of the Act by an order u/c (vi) of s/s (5) of section 80G of the Act b....