TaxTMI 
TaxTMI 
2026 (8) TMI 446
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....r the 'Act'). 2. There is a delay of 160 days in filing this appeal before the Tribunal. The Assessee Trust has filed an affidavit of the Managing Trustee and a petition for condonation of delay stating therein the reasons for belated filing of this appeal. "The petitioner trust filed an online application dated 28.09.2024 in Form 10AB under Rule 11AA of the Income Tax Rules, 1962 under clause (iii) of first proviso to sub-section (5) of section 80G seeking approval u/s.80G of the Income Tax Act, 1961. The application seeking registration u/s.80G of the Income Tax Act, 1961 was rejected vide order dated 03.03.2025 by the Commissioner of Income Tax (Exemptions), Chennai. The petitioner trust is in appeal before the Hon'ble In....
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....rust. The office of the Commissioner of Income Tax (Exemptions) informed that the application filed by the petitioner trust was rejected vide order dated 03.03.2025. The Chartered Accountant immediately informed the trustee of the petitioner trust Shri. Rajendra Kumar Hirawat, who then checked the income tax portal and noticed the order passed by the Commissioner of Income Tax (Exemption) dated 03.03.2025. At this juncture, the petitioner trust wishes to place on record that Shri Karthikeyan was subsequently terminated from employment by Shri Rajendra Kumar Hirawat, considering his failure to report the order from the Commissioner of Income Tax (Exemptions) despite being specifically instructed, as a senous lapse in responsibility.....
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....0AB on or before September 2023 (i.e. 6 months prior to the expiry of the period of provisional approval. In this case, the provisional approval expired on AY 2024-25 relevant to PY 2023-24 and thus the applicant ought to have applied on or before September 2023). For brevity, the relevant provision of section 80G(5)(iii) is reproduced as under: 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. 4.3. However, the CBDT Circular No. 7/2024 dated 25.04.2024 extended the time limit to file application for approval u/s 80G in Form 10AB to 30th June 2024. The rele....
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....Form No. 10AB under clause (iii) of first proviso to section 80G(5) of the Income Tax Act, 1961 seeking approval u/s. 80G is not maintainable for the reasons stated in para 4.1 to 4.5 of this order and hence, the same is rejected." 5. Aggrieved by the order of the CIT(E), assessee has filed the present appeal before the Tribunal. The Ld. AR of the assessee has highlighted that the assessee submitted an application in accordance with clause (iii) of the first proviso to sub-section (5) of Section 80G of the Act. According to the previous regulations, the application needed to be submitted by September 2023, which is six months before the conclusion of the provisional approval period that ends on 31.03.2024. Following this, the CBDT releas....
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....(B) of Section 80G(5) of the Act. 7. We have heard rival submissions and perused the materials on the record. The assessee submitted an application under clause (iii) of the first proviso to subsection (5) of Section 80G of the Act, seeking approval under section 80G of the Act on 28.09.2024. The Ld. CIT(E) rejected the application as not maintainable, citing that the assessee did not file the application before 30.06.2024, as stipulated in CBDT Circular No.7/2024 dated 25.04.2024. However, it is important to note that clause (iv) has been added to the first proviso to Section 80G(5) by the Finance Act, 2024, effective from 01.10.2024, allowing the assessee trust to apply for approval under section 80G(5) at any time following the commen....