2025 (7) TMI 1885

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....cted, due to delay in filing the application in Form-10AB. 2. The assessee has raised the following grounds of appeal: 3. The learned AR of the assessee has submitted that the learned CIT (Exemption) has treated the application for approval u/s 80G in Form-10AB as beyond the period of limitation. However, the application was within the time limit as made by the assessee before the expiry of 6 months of the provisional registration. He has further submitted that the date of commencement of the activity of the assessee Trust was prior to the grand of provisional registration dated, 22/06/2022 valid from A.Y 2023-24 to 2025-26. Therefore, the limitation for filing of the application in Form-10AB for regular approval u/s 80G of the Act ha....

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....earned CIT (Exemption). The assessee was granted provisional registration/approval in Form 10AC on 22/06/2022 valid from A.Y 2023-24 to A.Y 2025-26. Thereafter, the assessee filed the application in Form 10AB seeking regular approval u/s 80G of the Act on 28/09/2024 which was rejected by the learned CIT (Exemption) as under: "The assessee has filed an e-application in Form No.10AB seeking registration u/s 80G of the Income-Tax act, 1961. 2. Notices dated 03.12.2024 and 17.02.2025 were issued in respect of proceedings u/s 80G(5)(iii) to the address mentioned in the Form 10AB to produce the copy of Memorandum of Association/Trust deed for verification and to furnish a detailed reply on the specific information called for in ....

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....l registration was valid up to March, 2025 and the limitation for filing the application in Form-10AB was up to 30/09/2024 i.e. 6 months before the expiry of the provisional registration/approval. The other limitation provided for filing of Form 10-AB was in respect of the date of commencement of the activities of the Trust/Institution which is not relevant for the case of the assessee, due to the simple reason that the activities were already commenced in the case of the assessee prior to the provisional registration. Thus, the limitation extended by the CBDT Circular No.7/2024 is not for the application for approval/registration valid from A.Y 2023-24 onwards but it was for the A.Y 2022-23. By considering these facts as well as the earlie....