2025 (5) TMI 750

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....n Form No. 10AB under sub-clause (B) of (iv) of first proviso to sub-section (5) of section 80G of the IT Act on 16.02.2024. With a view to verify the genuineness of activities of the assessee and fulfilment of conditions laid down in clause (i) to (v) of section 80G(5) of the IT Act, a notice was issued through ITBA portal on 01.05.2024 requesting the assessee to upload certain information/clarification on or before 17.05.2024. The assessee in response to above notice furnished desired information as mentioned in the notice. After verifying these details, Ld. CIT, Exemption, Pune found certain discrepancies and asked for their clarification on or before 29.08.2024. Ld. CIT, Exemption, Pune also observed that the application for approval u/....

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....o that the assessee can produce documents / evidence/ explanations in support of the application for approval u/s 80G of the IT Act. 4. Ld. DR appearing from the side of the Revenue supported the order passed by Ld. CIT, Exemption, Pune & requested to confirm the same. 5. We have heard Ld. Counsels from both the sides and perused the material available on record including the paper-book furnished by the assessee. We find that due to mentioning of wrong section code & since Ld. CIT, Exemption, Pune was not satisfied with the reply of the assessee the application for approval u/s 80G(5) of the IT Act was rejected by observing as under :- "10. Considering the above, and since the assessee's activities were already commenced ....

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....onsider the application as filed under clause (i) of the first proviso to section 80G(5) of the Act and consider the same for grant of approval under section 80G(5) to the trust in accordance with law within a period of 2 months from the date of receipt of this order. The assessee shall file all necessary evidence before him." 7. Respectfully following the above decision and in the light of the fact stated by the counsel of the assessee that the trust is also registered u/s 12A of the IT Act, we deem it fit to set-aside the order passed by Ld. CIT, Exemption, Pune and remand the matter back to him with a direction to treat the application of the assessee as filed under required/desired clause of first proviso to sub-section (5) of sectio....