TaxTMI 
TaxTMI 
2025 (6) TMI 228
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.... 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. 2. That on facts and in law, the appellant made a bona fide error in selecting sub- clause (iv) instead of sub-clause (ii) of section 80G(5) of the Act. 3. That on facts, and in law, learned CIT (Exemption) be directed to consider the application under the correct provisions of section 80G(5)(ii) of the Act, and decide on merits. 4. The appellant craves liberty to add, alter, amend any ground of appeal." 3. At the outset, we observe that the appeal is time barred by 109 days. The delay of 109 days is condoned on due consid....
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.... (B) of clause (iv) of the first proviso to subsection (5) of section 80G instead of clause (iii) of first proviso to subsection (5). Accordingly, it was submitted that the matter may be restored to the file of CIT(Exemptions) for de-novo consideration. The Counsel for the assessee placed reliance on the Mumbai ITAT decision in the case of Rotary Charity Trust, wherein on identical set of facts, the matter was restored to the file of CIT(Exemptions) for de novo consideration. 6. It would be useful to reproduce the relevant extracts of the decision of Rotary Charity trust in ITA No. 6133/Mum/2024 (vide order dated 09- 01-2025), for ready reference: "3. Ld. AR submitted that assessee while filing Form for final registration in For....
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....rant final approval to the assessee under Clause (iii) to First Proviso to section 80G(5) of the Act, if the assessee is otherwise found eligible. It is directed that the Id. CIT(Exemption) will decide the application of the assessee for final approval as expeditiously as possible but not later than two months from the receipt of this order. It is further directed that, if the assessee is granted final approval by the ld. CIT(Exemption) then, the benefit of approval u/s 80G of the Act, if it was available to the assessee prior to the Amendment brought vide Amending Act of 2020, will be deemed to have been continued without any break. The assessee will not be deprived of the benefit during the time period falling between 31/03/2021 and the d....
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.... (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: [or] [(iv) [***] 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 the said approval is sought; (B) commenced [*** Jat any time after the commencement of such activities:] 6. Assessee, in ter....