TaxTMI 
TaxTMI 
2025 (9) TMI 1033
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....ion u/s. 80G(5) of the Income Tax Act, 1961 (hereinafter referred to as the "Act"). 2. The grounds raised by the assessee read as under:- "1. The order passed under clause (ii)(b)(B) of second proviso to section 80G(5) of the Act is bad in law. 2. The learned CIT (Exemption) has erred in law as well as on facts in rejecting the application registration u/s 80G(5) under clause (iii) of its first proviso by considering it as nonmaintainable." 3. The order of the ld. CIT(E) reveals that he rejected assessee's application noting that the assessee had earlier also filed an application which stood rejected vide order dated 03-09- 2024 and the said earlier rejection order was not covered by para 4.1 of CBDT Circular No. 7 o....
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....3 2. Representations have been received in the Board with a request to condone the delay in filing Form No. 10A/10AB, as the same could not he filed in such cases within the last extended date, i.e. 30.09.2023. 3. On consideration of the matter with a view to avoid and mitigate genuine hardship in such cases, the Board, in exercise of the powers conferred under section 119 of the Act, hereby extends the due date of making an application/ intimation electronically in- (i) Form No. 10A, in case of an application under clause (i) of the first proviso to clause (23C) of section 10 or under sub-clause (1) of clause (ac) of sub-section (1) of section 12A or under clause (i) of the first proviso to sub-section (5) of sec....
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....furnished after the due date or that the application has been furnished under the wrong section code it may furnish a fresh application in Form No 10AB within the extended time provided in paragraph 3(ii) i.e. 30.06.2024. 5. It is also clarified that if any existing trust, institution or fund who had failed to file Form No 10A for AY 2022-23 within the due date as extended by the CBDT circular no. 6/2023 dated 24.05.2023 and subsequently applied for provisional registration as a new trust, institution or fund and has received Form No 10AC, it can avail the option to surrender the said Form No. 10AC and apply for registration for AY 2022-23 as an existing trust, institution or fund in Form No. 10A within the extended time provided i....
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....lication had been furnished under the wrong section code. Having stated so, the ld. counsel for the assessee pointed out that in the facts of the present case, the original application filed by the assessee in Form 10AB mentioned the incorrect section code and realizing this error therefore the assessee filed another application within the extended time given. He pointed out that the second application was filed even before the first application was rejected by the Ld.CIT(E). He drew our attention to the facts of the case pointing out that the first application was dated 23-03-2024 and was rejected by the CIT(E) vide his order dated 03-09-2024. That the fresh/second application, mentioning the correct section code, was filed by the as....
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....ng final approval u/s. 80G(5) of the Act has been rejected holding it as filed delayed, beyond time prescribed, and not entitled to benefit of extended time given for filing such application by CBDT Circular No. 7 of 2025. The benefit of the CBDT Circular has been denied stating that the assessee's case does not qualify as per para 4.1 of the said Circular. The said para allows assessee's to file applications afresh within the extended time given by the Circular, where their earlier applications were rejected for being filed delayed or on account of mentioning wrong section code. In the assessee's case, the earlier application was rejected since the assessee did not participate in the proceedings before the Ld.CIT(E ) and he therefore was u....