2024 (11) TMI 1493

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....ritable trust under section 12A of the Act and incorporated on 06.11.2020. The assessee made an application for provisional registration on 18.11.2022 in Form 10A for registration under section 80G of the Act. The assessee was granted provisional registration under clause (iv) of first proviso to subsection (5) of section 80G of the Act on 30.11.2022 which is valid for the period starting 30.11.2022 up to AY 2025-26. Subsequently, the assessee filed application in Form 10AB for final registration on 23.01.2024 and in the said application has selected the section code under which the approval is sought as sub-clause (B) of clause (iv) of first proviso to subsection (5) of section 80G of the Act. The CIT(E) rejected the said application stati....

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....proval in Form 10AB. In view of the above this application Form is hereby rejected. 5. For statistical purposes, this application is non maintainable and stands rejected." 3. The ld. AR submitted that the assessee while filing Form for final registration in Form 10AB has inadvertently mentioned the wrong section as subclause (B) of clause (iv) of first proviso to subsection (5) of section 80G instead of section clause (iii) of first proviso to subsection (5) of section 80G. The ld. AR further submitted that the assessee could not explain the error before the CIT(A) because the notice calling for details mentioned that proceedings under section 14A and that when the staff of the assessee approached the office of the CIT(E) it was advised ....

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.... 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 date of grant of provisional approval under clause (iv) i.e., 28/06/2022, due to technical errors occurred in making the application under the relevant provisions of the Act because of the confusion and misunderstanding on part of the assessee as well as on part of the ld. CIT(Exemption) in properly interpreting the relevant provisions. 4. The ld. DR on the other hand submitted that the CIT(E) has rejected the application based on the submission made by ....

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.... 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) commenced9[***]at any time after the commencement of such activities:] 6. The assessee in terms of the above provisions first applied for a provisional approval under sub-clause (B) of clause (iv) of first proviso to subsection (5) of section 80G within and subsequently (refer clause 2 in Form 10A) and was given the provisional registration up to AY 2025-26 on 30.11.2022. In the application for final approval in Form 10AB, it noticed that the assessee has once again mentioned same section i.e. sub-clause (B) of clause (iv) of first proviso to subsection (5) of section 80G whereas the correct secti....