TaxTMI 
TaxTMI 
TaxTMI 
2025 (10) TMI 1144
X X X X Extracts X X X X
X X X X Extracts X X X X
....t" in this order hereinafter shall mean the Income Tax Act, 1961 as amended from time to time. 2.0 The only issue contested by the appellant assessee, through its grounds of appeal, is the rejection of its application for grant of exemption u/s 80G by the Ld.CIT(E). The application of the assessee was rejected for having been filed late i.e beyond the timeline, including extended timeline, prescribed by the Revenue authorities. 3.0 It is the case of the appellant that the delay cannot come in the way of its eligibility for grant of exemption u/s 80G. The Ld.Counsel for the assessee submitted that application dated 23.11.2024 in Form-10AB requesting for final registration u/s 80G(5)(iii) was made to the Revenue authorities. It was subm....
X X X X Extracts X X X X
X X X X Extracts X X X X
....er of lower authorities. It was argued that the provision of law is clear mandating grant of registration u/s 80G to applications filed within prescribed timelines. 6.0 We have heard the rival submissions in the light of material available on records. We have noted that the principal issue is as to whether the delay caused by the assessee in filing of its application u/s 80G for grant of registration can be condoned and registration be granted ???. We have also noted that CBDT through its instructions has accorded powers to the CIT(E) for condoning the delay in matters concerning 12A registrations. We have noted that while doing so, CBDT had primarily examined the issue of "continuing hardship" to the taxpayers in filing timely applicati....
X X X X Extracts X X X X
X X X X Extracts X X X X
....registration on such technical deficiencies. Registrations under section 12A and 80G are closely inter-linked and or rather supplementing their independent objectives. The present issue is also one of genuine hardships and therefore there cannot be a distinction within the same provision without bringing any exception. The provisions of 80G are for the benefit of donors who are donating amounts of money to Charitable Trusts, engaged in selfless public service, for claiming exemption in the Returns of Income. We have noted that this issue has been extensively dealt by a Hon'ble Coordinate bench of this tribunal in the case of CIT-1982 Charitable Trust as at 160 taxmann.com 475. -------------------------------------------------------....
X X X X Extracts X X X X
X X X X Extracts X X X X
....80G of the Act under clause (iii) of first proviso to section 80G(5) of the Act. In our view, this being a genuine hardship case, which is recognized by Revenue or CBDT by issuing a general circular, we are of the view that this specific provision of clause (iii) to first proviso to section 80G(5) cannot be excluded and or it has not been the intention of the CBDT while issuing the circular. There cannot be a distinction within the same provision without bringing out any exception and even this provision is for the benefit of the donors who are donating money to the charitable trusts for claiming exemption in their returns of income. In our view, we agree with the argument of ld. counsel for the assessee that the timeline prescribed under c....
X X X X Extracts X X X X
X X X X Extracts X X X X
....he materials available on record. The assessee made application under clause (ii) of first proviso to sub-section (5) of Section 80G of the Act seeking approval u/s. 80G of the Act on 30.09.2024. The Ld. CIT(E) has rejected the application as not maintainable on the ground that the assessee has not filed the application before 30.06.2024 as provided in CBDT Circular No.7/2024 dated 25.04.2024. However, it is noted that clause (iv) has now been inserted into the first proviso to Section 80G(5) by the Finance Act, 2024, wef 01.10.2024 to enable assessee trust to apply for approval u/s 80G(5) at any time after commencement of its activities. This provision is disjoint from clause (iii), which governed the earlier timeline. The Ld CIT(E) has pa....