TaxTMI 
TaxTMI 
2025 (6) TMI 51
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....ed to as 'the Act'). 2. There was a delay of 109 days in filing of this appeal. The assessee has filed an affidavit explaining the reason of delay. It has been submitted that the assessee and its trustees were not conversant with Income-tax matters and had never faced any Income-tax litigation in the past. The assessee was unable to operate or login to the Income-tax portal. In the month of January, 2025, the assessee had come to know about rejection of registration u/s 12A/approval u/s 80G5(iv) of another trust through some other trustees of similar trust. On getting this information the matter was verified about pending approval under section 80G5(iv) the Act of the assessee and it was learnt that the said approval was already rejected....
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.... granted under section 12AA of the Act, the trust has been claiming exemption under section 11 or 12 of the Act in the past years. Since the assessee admitted of having claimed exemption/excluded its income, the ld. CIT(Exemption) found that the assessee was not eligible for approval under section 80G(5)(iv)(B) of the Act. Therefore, the application of the assessee trust was rejected as non-maintainable. 4. Aggrieved with the order of the ld. CIT(Exemption) the assessee has filed the present appeal. The following grounds have been taken in this appeal: 1. That on facts, and in law, the learned CIT(Exemption) has grievously erred in rejecting the application for approval u/s 80G(5)(iv)(B) of the Act as non- maintainable. ....
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....section 80G(5)(iv)(B). The ld. DR further submitted that the matter can be remitted back to the CIT(E) to consider the application afresh based on the claim of the assessee that wrong section had been inadvertently mentioned in the Form 10AB. 7. We have heard the parties and perused the material on record. Before we proceed to examine the facts in assessee's case, it is necessary to first look at the relevant provisions of first proviso to sub-section (5) of section 80G which read as under - Provided that the institution or fund referred to in clause (vi) shall make an application in the prescribed form and manner to the Principal Commissioner or Commissioner, for grant of approval, - (i) where the institution or fu....
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....t any time after the commencement of the previous year. In the present case the assessee had filed its application on 26.02.2024 but its activities had commenced long back on 17.02.1993. Therefore, the clause (iv) of first proviso to sub-section (5) of section 80G of the Act was not applicable in its case. The assessee's case was covered in clause (ii) of first proviso to sub-section (5) of section 80G of the Act, as it was already allowed approval in the past which was going to expire. Therefore, the correct section code under which the assessee ought to have selected is clause (ii) of first proviso to subsection (5) of section 80G. The ld. CIT(E) has treated the application as one filed under sub-clause (B) of clause (iv) of first proviso....