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TMI Blog2024 (6) TMI 519X X X X Extracts X X X X X X X X Extracts X X X X ..... (E) was not satisfied with the details/evidence furnished by the assessee. However, it is also evident that the assessee was not granted any other opportunity to meet the objections of the learned CIT(E). We deem it appropriate to restore the application filed by the assessee to the file of the learned CIT(E) for de novo adjudication with a direction to the assessee to substantiate the objects with activities carried on by it and necessary supporting of expenditure incurred on the objects of the trust. The learned CIT(E) may consider those details and after giving an opportunity of hearing to the assessee dispose of the application afresh in accordance with the law. Accordingly, the impugned order passed by the learned CIT(E) is set aside and the grounds raised by the assessee are allowed for statistical purposes. Rejection of application u/s 80G(5)(iii) and cancellation of provisional registration u/s 80G(5)(iv) - As undisputed that the provisional approval granted to the assessee vide order dated 23/03/2022 was valid till the assessment year 2024-25. Provisional approval was granted subject to certain conditions, however, the impugned order is completely silent as to the violatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ane Region, Thane. The sole purpose of the trust is service to Indian cows, providing relief and aid and a quality lifestyle to Indian cows, shelters and open land areas for their natural living. Vide order dated 22/03/2022 passed in Form No.10AC, the assessee was granted provisional registration under section 12A(1)(ac)(vi) of the Act from the assessment year 2022-23 to 2024-25. 5. Subsequently, the assessee filed an application dated 30/01/2023 in Form No. 10AB under section 12A(1)(ac)(iii) of the Act. With a view to verify the genuineness of the activities of the assessee and compliance to requirements of any other law for the time being in force by the assessee as are material for the purpose of achieving its objects, notice through ITBA portal was issued to the assessee to upload certain information/clarification. Since certain discrepancies were noticed and the assessee has also not furnished note on activities and evidence in support of the activities claimed to have been carried out, another notice was issued to the assessee. After perusing the submissions and documents furnished by the assessee, the learned CIT(E), vide order dated 24/07/2023, passed in Form No.10AD noted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the purpose of achieving its objectives, the learned CIT(E), inter-alia, sought information pertaining to activities carried out, details of beneficiaries of activities, computation of income, etc. Since certain discrepancies were noticed, the assessee was issued the notice seeking information regarding the genuineness of his activities, the list of donations, and evidence supporting the note on activities. In response thereto, the assessee filed its submissions, which form part of the paper book. From the perusal of the details furnished by the assessee, we find that the assessee submitted the activity report along with certain photographs in support of the activities carried out by it. The assessee also furnished the statement of its bank account evidencing the receipt of donation and expenditure incurred for carrying out its activities. The assessee also furnished the bills/vouchers, forming part of the paper book from pages 68-88, in support of its submission that fodder and other material were purchased in furtherance of its objectives. However, the learned CIT(E) did not agree with the submissions of the assessee and noted various discrepancies as pointed out on pages 8-9 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the application of the Appellant Trust u/s 80G(5)(iii) stating that the Application for grant of Registration is not filed within the time limit. 2. In the facts and circumstances of the case, the Ld. CIT(E) has erred in cancelling the provisional registration granted to the Appellant Trust u/s 80G(5)(iv) dated 23/03/2022. 10. We have considered the submissions of both sides and perused the material available on record. The brief facts of the case as emanating from the record are that vide order dated 23/03/2022 passed in Form No.10AC, the assessee was granted provisional approval under clause (iv) of the first proviso to sub-section (5) of section 80G of the Act from 23/03/2022 to the assessment year 2024-25. Subsequently, the assessee filed an application dated 27/01/2023 in Form No. 10AB under clause (iii) of the first proviso to sub-section (5) of section 80G of the Act. Upon perusal of the application, it was observed that the date of provisional approval under section 80G(5)(vi) of the Act is 23/03/2022, and as per the provisions of clause (iii) of first proviso to section 80G(5) of the Act, the application for regular approval is required to be filed at least six months prio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prior to expiry of the said period; (iii) 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; (iv) in any other case, at least one month prior to commencement of the previous year relevant to the assessment year from which the said approval is sought: 13. Therefore, as per the provisions of clause (iii) of the first proviso to section 80G(5) of the Act, where the institution or fund has been provisionally approved, such institution or fund is required to make an application in the prescribed form and manner at least six months prior to the expiry of the period of provisional approval or within six months of commencement of the activities, whichever is earlier. Therefore, it needs to be examined what would be the time period for filing the application under clause (iii) of the first proviso to section 80G(5) of the Act in case of a trust that has already commenced its operations prior to grant of provisional approval, as in such cases the time period of six months from the commencement of activities in any way will ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect to certain conditions, however, the impugned order is completely silent as to the violation of any such condition. Therefore, we find no merit in the cancellation of provisional approval granted to the assessee under clause (iv) of the first proviso to section 80G(5) of the Act. Thus, respectfully following the aforesaid decision, we are of the considered view that the application filed by the assessee in Form No.10AB on 27/01/2013 is within the time limit permissible under clause (iii) of the first proviso to section 80G(5) of the Act. Since the learned CIT(E) rejected the application filed by the assessee only on this technical ground and has not analysed the application on merits as per the requirements of section 80G(5) of the Act, therefore we deem it appropriate to restore the application to the file of the learned CIT(E) for de novo consideration in accordance with the law, after granting a reasonable opportunity of being heard to the assessee. With the above directions, the impugned order is set aside and grounds raised by the assessee are allowed for statistical purposes. 15. In the result, the appeal by the assessee is allowed for statistical purposes. 16. To sum up, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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