2025 (8) TMI 1674

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.... and registration u/sec. 12AB of the Income Tax Act, 1961 [in short "the Act"], relating to the assessment year 2025- 2026. Since common issues are involved in both these appeals, these appeals were heard together and are being disposed of by this single consolidated order for the sake of convenience and brevity. 2. Briefly stated facts of the case are that, the assessee viz., "Maharanyam Muralidhara Swamiji Vedha Ashram" is a public charitable trust established on 12.04.2022. The assessee is carrying charitable activities of providing education in Vedhas and Yoga to aspiring students, organise free food distribution [Annadanam] to students. The appellant-trust was granted provisional approval by CPC u/sec. 80G(5)(iv) of the Income Tax Act....

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....ide Circular No.7 of 2024, dated 25.04.2024 has extended the time limit for filing of Form 10A/10AB till 30.06.2024. Since the assessee has applied Form 10AB for regular registration u/sec. 80G on 19.09.2024 i.e., beyond the time limit prescribed for filing of Form 10AB, the learned CIT(E) rejected the application for regular registration u/sec. 80G of the Income Tax Act, 1961, for the assessment year 2025-2026. The learned CIT(E) has made identical observations while rejecting the application filed by the appellant-trust in Form 10AB for registration u/sec. 12AB of the Income Tax Act, 1961. 3. Aggrieved by the orders of the learned CIT(E), the assessee now, preferred the present appeals before the Tribunal. 4. CA, K Satyanarayana, Learne....

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....te with regard to the fact that application filed by the assessee is beyond the prescribed date for filing application for permanent registration of trust u/sec. 12AB and 80G of the Income Tax Act, 1961. Further, the law has been amended w.e.f. 01.10.2024 by insertion of proviso to 12A(iv) of the Income Tax Act, 1961, where, the appellant can file an application with reasons for condonation of delay in filing of application. Since the assessee neither explained the case with relevant details nor filed any petition for condonation of delay, the learned CIT(E) has rightly rejected the application filed by the assessee in Form 10AB seeking for Registration u/sec. 12AB and 80G of the Income Tax Act, 1961 and thus, the orders of the learned CIT(....

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....lication in Form 10AB on 19.09.2024 which is beyond the due date provided under the Act i.e., within six months from the date of commencement of the activities. However, the application filed by the assessee is atleast six months before the expiry of the provisional registration. The assessee claimed to have explained the reasons for delay in filing of application and as per the submission of the assessee, there is genuine hardship due to ambiguity in law and also improper assistance from the professionals, but, the delay in filing of the application is unintentional and for want of any benefit. 7. We find that, the law has been amended in the case of trusts for procedure of registration and the same has been amended from time to time whic....