2025 (3) TMI 702 - AT - Income Tax

Dismissal of application filed u/s 80G(5)(iv)(B) - inadvertent error occurred in form 10AB where the incorrect provision 80G(5)(iv)(B) was cited instead of the correct one 80G(5)(iii)(B) HELD THAT - As considering inadvertent mistake of the Assessee and the peculiar facts and circumstances in totality the impugned order is set aside and consequently the case is remanded to the file of the Commissioner for decision afresh by considering the application filed by the Assessee in form no.10AB as u/s 80G(5)(iii)(B) of the Act instead of u/s 80G(5)(iv)(B) of the Act. In the result the appeal filed by the Assessee is allowed for statistical purposes.

Summary

The ITAT Mumbai, comprising Judicial Member Shri Narender Kumar Choudhry and Accountant Member Shri Prabhash Shankar, addressed an appeal by the Assessee against the order dated 16.10.2024 by the Commissioner of Income Tax (Exemptions) under section 80G(5) of the Income Tax Act, 1961, for the assessment year 2025-26. The Commissioner had dismissed the Assessee's application under section 80G(5)(iv)(B), citing the Assessee's prior exemption claims from A.Y. 2013-14 to A.Y. 2023-24 and non-fulfillment of conditions for approval in form 10AB.The Assessee contended that an inadvertent error occurred in form 10AB, where the incorrect provision, 80G(5)(iv)(B), was cited instead of the correct one, 80G(5)(iii)(B). The Department's Representative did not dispute this claim. The Tribunal, acknowledging the Assessee's inadvertent mistake and the unique circumstances, set aside the impugned order. The case was remanded to the Commissioner for a fresh decision, considering the application under section 80G(5)(iii)(B) instead. The appeal was allowed for statistical purposes, with the order pronounced on 19.02.2025.