TaxTMI 
TaxTMI 
2025 (4) TMI 983
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....n Form No.10AB on 16.02.2024 for approval 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 the activities of the assessee 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 01.05.2024 requesting the assessee to upload certain information / clarification. In response to the same, the assessee filed certain details. On verification of the details submitted by the assessee, the Ld. CIT(E) noted various discrepancies for which another notice was issued to the assessee asking the assessee to explain on account of those discrepancies. The assessee responded to the said notice. Howev....
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....cies, the undersigned is unable to draw any satisfactory conclusion about the genuineness of activities of the assessee and fulfilment of conditions laid down in clause (i) to (v) of section 80G(5) of the Act. 8. Without prejudice to the above, The assessee has stated that it has claimed deduction u/s. 11 on the basis of registration under section 12A of the Act. The contention of the assessee is duly considered. However, the same is not acceptable for the following reasons: 8.1 The assessee has filed the present application under clause (B) of (iv) first proviso to sub-section (5) of section 80G of the Income-tax Act, 1961. The extract of the said provision is reproduced herewith for ready reference: "80G(5)(iv)(....
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.... already commenced at the time of filing the present application and it has claimed deduction under section 11 for previous year before the date of the present application, the assessee trust is not eligible to file application under clause (B) of (iv) first proviso to sub-section (5) of section 80G of the Income-tax Act, 1961. 10. In view of the above, the application under sub clause (B) of (iv) of first proviso to sub-section (5) of section 80G of the Income Tax Act, 1961 filed by the assessee is hereby rejected." 3. Aggrieved with such order of Ld. CIT(E), the assessee is in appeal before the Tribunal by raising the following grounds: 1. Rejection of Registration u/s 80G(5) of Income Tax Act 1.1. The assess....
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....ssee has filed the requisite details before the Ld. CIT(E) to substantiate its case for approval u/s 80G of the Act. However, the Ld. CIT(E) was not satisfied with the submissions made by the assessee for which he issued another notice for clarification of those details. However, unfortunately, the last notice issued by the Ld. CIT(E) could not be complied with. He accordingly submitted that in the interest of justice, the assessee should be given an opportunity to substantiate its case by filing the requisite details before the Ld. CIT(E). 5. The Ld. DR on the other hand strongly opposed the submissions made by the Ld. Counsel for the assessee. 6. We have heard the rival arguments made by both the sides, perused the order of the Ld. ....