2025 (3) TMI 1215

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....eking registration under section 80G of the Income Tax Act, 1961 ("the Act"). 2. In this appeal, the assessee has raised the following grounds: - "1. The Commissioner of Income Tax (Exemptions), Mumbai, erred in rejecting the Appellant Trust's application for revalidation under Section 80G of the Income Tax Act, 1961; 2. The Commissioner of Income Tax (Exemptions), Mumbai, failed to appreciate that the Appellant Trust had received a letter dated 16.09.2024 in respect of proceedings under Section 80G(5)ii) vide DIN: ITBA/EXM/F/EXM43/2024-25/1068717388(1), seeking documentary evidence of 10AC in the case of 80G as well as 12A on or before 01.10.2024; 3. The Appellant Trust had submitted copy of 10AC [Order fo....

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.... submissions of both sides and perused the material available on record. The brief facts of the case are that the assessee is a trust incorporated on 23/11/1959, with an object of relief to the poor, education, medical relief and advancement of any other objects of general public utility. From the record, we find that on 14/03/2022, the assessee filed an application in Form 10A for seeking provisional registration under sub-clause (A) of clause (iv) of first proviso to section 80G of the Act, which was granted to the assessee, vide order dated 21/03/2022 passed in Form No.10AC, from 21/03/2022 to assessment year 2024-25. Subsequently, on 08/05/2024, the assessee filed an application in Form No.10AB under clause (ii) of first proviso to sect....

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...., does not qualify to make the application Clause ii) of first proviso to sub-section (5) of section 80G of the act. Thus, the application for registration in Form 10AB filed by the assessee is not allowable on the ground of application filed under wrong section. 4. In conclusion this application for approval stands rejected." 4. During the hearing, the learned Authorised Representative ("learned AR") submitted that the assessee trust was registered under section 80G of the Act since its incorporation, and its registration was continuing. However, under the new regime of registration under section 80G of the Act, the assessee wrongly applied for provisional registration under sub-clause (A) of clause (iv) of first proviso to sec....

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....ion and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020], within three months from the 1st day of April, 2021; (ii) where the institution or fund is approved and the period of such approval is due to expire, at least six months prior to expiry of the said period; (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; (iv) in any other case, 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 ....