2025 (5) TMI 2188

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....ENEWAL OF PROVISIONAL APPROVAL GRANTED UNDER CLAUSE (iv) OF FIRST PROVISO TO SUB-SECTION (5) OF SECTION 80G OF THE ACT: 1.01 On the facts and circumstances of your appellant's case and in law, the ld. CIT(E) erred in rejecting application filed for renewal of provisional approval granted under clause (iv) of first proviso to Sub-Section (5) of Section 80G of the Act on plea that your appellant has filed application selecting different clause and as such not maintainable. 1.02 Your appellant submits that due to technical glitches, the income tax portal was not allowing to select clause (ii), as against filed selecting clause (iii), while filing application which the ld. CIT(E) failed to consider. 1.03 Your appellan....

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....missioner (Exemptions) lacks the authority to alter the section code chosen by the applicant at the time of filing Form 10AB. Given these circumstances, CIT(Exemptions) held that the application was nonmaintainable and was rejected without examining its merits. 5. The assessee is in appeal before us against the order passed by CIT(Exemptions). In the instant case, on going through the case records, we observe that there was an inadvertent error in filing of form 10AB, wherein application was made under clause (ii) of the first proviso to sub-section (5) of section 80G of the Act, instead of clause (iii). 6. It would be useful to reproduce the relevant extracts of the decision of Rotary Charity trust in ITA number 6133/Mumbai/2024 (vid....

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.... 6. The facts and issues involved in the case in hand being identical to that of the above referred to cases and in view of the findings given by the Coordinate Benches of the Tribunal, the appeal of the assessee is allowed accordingly and the ld. CIT(Exemption) is directed to grant 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 app....

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....grant of approval,- (i) where the institution or fund is approved under clause (vi) [as it stood immediately before its amendment by the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020], within three months from the Ist day of April, 2021; (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....