TaxTMI 
TaxTMI 
2025 (9) TMI 160
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....ing the application in Form 10AB. 2. The ass has raised the following grounds of appeal: 1. The Appellant, M/s. KMV Foundation is a charitable trust which is registered with Registrar of trust on 22nd June, 2016 and commenced its activities as and when registered. The said trust is registered with the objective of rendering the services of 1. Relief of the poor 2. Education 3. Medical relief and other incidental charitable services. The trust also obtained registration under section 12A of the Income tax Act, 1961 as per the new regime. 2. During the financial year 2022-23, relevant to the assessment year 2023-24, the trust applied for provisional registration under Section 80G(5)(iv) of the Act by filing Form 10A on 28....
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....form 10AB for regular registration u/s 80G on 30.09.2024, i.e., beyond the time limit prescribed for filing of form 10AB. Keeping in view of the above, as the assessee has made the application in form 10AB beyond the time limit prescribed, the present application in form 10AB for registration u/s 80G is herewith rejected." 5. As per clause (iii) of first proviso to sub-section (5) of section 80G, where the Institution or fund has been provisionally approved, the time limit for making application in form 10AB is: - (i) At least six months prior to expiry of provisional approval or (ii) Within six months of commencement of its activities Whichever is earlier. In the present case, the trust is already regist....
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.... 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 has to be considered in the context of the expiry of the provisional registration and not in the context of the commencement of the activities of the assessee. Thus, the learned AR has submitted that the application filed by the assessee for regular registration/approval is within the period of limitation and therefore, the learned CIT (Exemption) has wrongly rejected the application on the ground of limitation. 4. On the other hand, the learned DR has submitted that the assessee has filed the application in Form....
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.....06.2022 valid from AY 2023-24 to AY 2025-26. As per the finance Act, 2020, the assessee should have applied form 10AB for regular registration u/s 80G, at least six months before the expiry of provisional registration or within six months from the date of commencement of activities, whichever is earlier. Further, the CBDT vide circular No. 7 of 2024 dated 25.04.2024 extended the time limit for filing of form 10A/10AB till 30.06.2024. However, the assessee has applied form 10AB for regular registration u/s 80G on 28.09.2024, i.e. beyond the time limit prescribed for filing of form 10AB. 4. Keeping in view of the above, as the assessee has made the application in form 10AB beyond the time limit prescribed, the present application in....
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....r regular registration u/s 80G, at least six months before the expiry of provisional registration or within six months from the date of commencement of activities, whichever is earlier. Further, the CBDT vide circular No. 7 of 2024 dated 25.04.2024 extended the time limit for filing of form 10A/10AB till 30.06.2024. However, the assessee has applied form 10AB for regular registration u/s 80G on 28.09.2024, i.e. beyond the time limit prescribed for filing of form 10AB. 4. Keeping in view of the above, as the assessee has made the application in form 10AB beyond the time limit prescribed, the present application in form 10AB for registration u/s 80G is herewith rejected." 6. The learned CIT (Exemption) has given the reasons ....