2025 (11) TMI 1476

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.... filed under Section 80G read with application dated 21/10/2024 filed in Form 10AB under Rule 11AA of the Income Tax Rules, 1962 (in short, the Rules) seeking approval under clause (iii) of 1st proviso to sub-section (5) of Section 80G of the Act. 2. The ld. CIT(E) vide the impugned order, rejected the application under Section 80G of the Act by holding as under: "4.1 Provisional Approval: The applicant trust, though, established on 02/08/2021 vide its trust deed but has obtained provisional approval under Section 80G from CPC on 20/10/2021 in Form 10AC for the period from A.Y. 2022-23 to A.Y. 2024-25. 4.2 Thus as explained in the show cause notice dated 29/04/2025, the applicant trust ought to have applied for approval....

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....r approval u/s 80G in Form 10AB only after the expiry of due date i.e. on 21/10/2024 with the delay of 112 days. Hence, application seeking approval u/s 80G cannot be considered for approval as per the provisions of section 80G(5)(iii) of the Income Tax Act. 4.4 It is pertinent to mention that there is no mandatory provision in the Income Tax Act to condone the delay in filing Form 10AB seeking approval u/s 80G as available in condoning the delay in filing Form 10AB seeking registration u/s 12AB as per the Finance Act, 2024. Considering all the above legal provision, I am constrained to reject the belated application filed in Form 10AB seeking approval u/s 80G. 4.5 Therefore, the application dated 21/10/2024 filed in Form ....

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....t 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 w.e.f. 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 passed the order rejecting application on 12/02/2025 after the amendment had come into force, as non-maintainable. We, therefore, direct the ld. CIT(E) to treat the application filed on 22/08/2024 as having been filed under clause (iv)(B) of the first proviso to Section 80G(5), and decide in acc....