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2024 (7) TMI 642 - AT - Income TaxDenial of approval u/s. 80G - application in form 10AB was filed belatedly by the assessee - AR submitted that the CBDT has extended the due date for filing Form 10A/10AB vide press release dated 25.4.2024 till 30.6.2024 - HELD THAT - The assessee s case is covered by the CBDT press release wherein as extended the due date till 30.6.2024 for filing Form 10AB vide Press release dated 25.4.2024. Therefore, the matter in appeal is remitted back to the ld. CIT(Exemptions) for fresh consideration and decision as per law. Appeal is allowed for statistical purposes.
Issues:
1. Rejection of approval u/s. 80G of the Act due to belated filing of application in Form 10AB. 2. Request for fresh consideration based on CBDT's extension of due date for filing Form 10AB. 3. Remittance of the matter back to the CIT(Exemptions) for a fresh decision. Analysis: Issue 1: The appeal was filed against the rejection of approval u/s. 80G of the Act due to the belated filing of the application in Form 10AB. The provisional approval was granted earlier, but the regularisation application was filed after the due date specified in the Act. The CIT(Exemptions) rejected the application based on the proviso to section 80G(5) of the Act, leading to the appeal before the ITAT. Issue 2: The appellant's representative argued that the CBDT extended the due date for filing Form 10AB through a press release, allowing submissions until 30th June 2024. Citing this extension, the appellant requested the issue to be sent back to the CIT(Exemptions) for fresh consideration. The CBDT's circular clarified that entities failing to file Form 10A within the extended due date could apply for registration as an existing entity until 30th June 2024. Issue 3: Following a thorough review of the CBDT's press release and the appellant's case, the ITAT concluded that the appellant's situation fell within the scope of the extended due date provided by the CBDT. Consequently, the matter was remitted back to the CIT(Exemptions) for a fresh decision in accordance with the law. The appeal was allowed for statistical purposes, and the decision was pronounced in open court on 24th June 2024.
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