2025 (2) TMI 114

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....for final registration under section 80G(5) of the Income-tax Act, 1961 (the Act). 2. Assessee is a registered charitable trust incorporated on 25.09.1996, engaged in promoting various public charitable activities especially providing education to weaker section of the society and to specially abled children. Assessee made an application for provisional registration on 25.03.2022 in Form 10A for registration u/s. 80G of the Act. Assessee was granted provisional registration under clause (iv) of first proviso to subsection (5) of section 80G of the Act on 04.04.2022 which is valid for the period starting 04.04.2022 to AY 2024-25. Subsequently, the assessee filed application in Form 10AB for final registration and in the said application has....

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....e the assessee has claimed exemption in Previous years, therefore this application u/s 80G is not allowable. Further, the assessee is not fulfilling the stipulated conditions prescribed for filing application for approval in Form 10AB. In view of the above this application Form is hereby rejected. 5 In conclusion, this application for grant of registration stands rejected." 3. Ld. AR submitted that assessee while filing Form for final registration in Form 10AB has inadvertently mentioned the wrong section as sub- clause (B) of clause (iv) of first proviso to subsection (5) of section 80G instead of clause (iii) of first proviso to subsection (5) of section 80G. He further submitted that assessee could not explain the error before the C....

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....er than two months from the receipt of this order. It is further directed that, if the assessee is granted final approval by the ld. CIT(Exemption) then, the benefit of approval u/s 80G of the Act, if it was available to the assessee prior to the Amendment brought vide Amending Act of 2020, will be deemed to have been continued without any break. The assessee will not be deprived of the benefit during the time period falling between 31/03/2021 and the date of grant of provisional approval under clause (iv) i.e., 28/06/2022, due to technical errors occurred in making the application under the relevant provisions of the Act because of the confusion and misunderstanding on part of the assessee as well as on part of the ld. CIT(Exemption) in pr....

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....nths of commencement of its activities, whichever is earlier: [or] [(iv) [***] where activities of the institution or fund have-- (A) not commenced, at least one month prior to the commencement of the previous year relevant to the assessment year from which the said approval is sought; (B) commenced [*** Jat any time after the commencement of such activities:] 6. Assessee, in terms of the above provisions, first applied for a provisional approval under sub-clause (B) of clause (iv) of first proviso to subsection (5) of section 80G within and subsequently (refer clause 2 in Form 10A) and was given the provisional registration up to AY 2024-25 on 04.04.2022. In the application for final approval in Form 10AB, it is noticed that ass....