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2024 (3) TMI 1319 - ITAT KOLKATAFinal approval u/s 80G(5)(iii) to charitable institution - Time for final registration after grant of provisional registration under Clause (iv) to First Proviso to section 80G(5) - application rejected observing that the time limit prescribed for making an application for final approval u/s 80G was at least six months prior to the expiry of the period of the provisional approval or within six months of the commencement of its activities, whichever is earlier - HELD THAT:- Tribunal in the case of Tomorrow’s Foundation [2024 (3) TMI 941 - ITAT KOLKATA] it is held that after grant of provisional approval, the application cannot be rejected on the ground that the institution had already commenced its activities even prior to grant of provisional registration. Under such circumstances, the date of commencement of activity will be counted when an activity is undertaken after the grant of provisional registration either under Clause (i) or Clause (iv) to First Proviso to section 80G(5) of the Act. The appeal of the assessee is allowed accordingly and the CIT(Exemption) is directed to grant provisional approval to the assessee under Clause (iii) to First Proviso to section 80G(5) of the Act, if the assessee is otherwise found eligible. CIT(A) will decide the application for final registration within three months of the receipt of copy of this order. Appeal of the assessee is treated as allowed for statistical purposes.
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