2025 (3) TMI 616

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....g educational institutions. It filed an application in Form 10AB under sub-clause (B) of (iv) of first proviso to sub-section (5) of section 80G of the Act. With a view to verify the genuineness of activities of the assessee trust and fulfillment of conditions laid down in clause (i) to (v) of section 80G(5) of the Act, a notice was issued through ITBA portal on 26.03.2024 requesting the assessee to upload certain information / clarification. The assessee filed certain details. The Ld. CIT(E) while going through the same noticed certain discrepancies for which he issued another notice to the assessee pointing out the discrepancies which are as under: "4.  On verification of the details submitted by the assessee in response to ....

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....y served on the assessee through e-portal and email. 6. Since, the assessee has not furnished any explanation to the discrepancies communicated to it, it is presumed that the assessee has nothing to say in the matter. 7. Considering the above facts discussed in the show notice and discrepancies noticed and also that the assessee has not complied with the provisions of sub- clause (a) of clause (ii) of second proviso to section 80G(5) of the Income Tax Act, 1961 as well as the provisions of Rule 11AA(2) of Income Tax Rules, 1962 in spite giving sufficient opportunities, the undersigned is unable to draw any satisfactory conclusion about the genuineness of activities of the assessee and fulfilment of conditions laid down in ....

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....t was to be rejected. 2] The learned CIT(E) erred in not appreciating that simply because the assessee had selected the wrong code for filing the application for approval u/s 80G did not mean that the application of the assessee was not maintainable and he ought to have disposed off the application by considering the correct clause of section 80G(5). 3] The assessee submits that the learned CIT(E) should be directed to reconsider the application filed by the assessee by considering the correct clause applicable to the assessee trust and accordingly, grant registration u/s 80G to the assessee trust. 4] The learned CIT(E) erred in not following the CBDT Circular No. 7 of 2024 while dismissing the application filed b....

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.... may be restored to the file of the Ld. CIT(E). 7. We have heard the rival arguments made by both the sides and perused the order of the Ld. CIT(E). We find the assessee made an application in Form 10AB of the Act for grant of approval u/s 80G of the Act. On the basis of notice issued by the Ld. CIT(E), the assessee filed certain details. However, when the Ld. CIT(E) upon noticing certain discrepancies in the said details, issued another notice to the assessee trust asking it to show cause as to why the application should not be rejected and why the approval u/s 80G of the Act granted earlier should not be cancelled, the assessee did not file any reply, for which Ld. CIT(E) rejected the application for grant of approval u/s 80G of the Ac....