9911796707
TMI Blog2024 (6) TMI 803X X X X Extracts X X X X X X X X Extracts X X X X ..... It is admitted fact that the assessee is an old trust and it has already commenced its activities on 05.07.2020. Therefore, under new regime of registration u/s 80(G)(iii) as effective from 01.04.2021, it could not have made an application for registration within 6 months of commencement of its activities. It could further be noted that the assessee has already received provisional approval u/s 80G(5)(iv) for a period commencing from 10.02.2022 to AY 2024-25. It sought approval u/s 80G(5)(iii) by filing Form No.10AB on 25.09.2022. However, in the application, the assessee mentioned wrong sub-clause (ii) instead of sub-clause (iii). When being brought to notice, the assessee filed revised Form No.10AB under correct sub-clause (iii) on 19.01. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cal purposes. - HON BLE SHRI MANOJ KUMAR AGGARWAL, AM, AND HON BLE SHRI MANOMOHAN DAS, JUDICIAL MEMBER For the Appellant : Shri T. Vasudevan (Advocate)-Ld. AR For the Respondent : Shri R. Clement Ramesh Kumar (CIT) Ld. DR ORDER Manoj Kumar Aggarwal (Accountant Member) 1. Aggrieved by denial of registration u/s. 80G(5)(iii) by learned Commissioner of Income Tax (Exemption), Chennai [CIT(E)] vide impugned order dated 31.07.2023, the assessee is in further appeal before us. 2. The registry has noted delay of 31 days in the appeal, the condonation of which has been sought by Ld. AR on the strength of condonation petition and affidavit of authorized signatory of the assessee trust. Considering the period of delay, the delay is condoned and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tead, the assessee wrongly made an application in Form No.10A u/s 80G(5)(iv) and received provisional approval for 3 years. 5. The Ld. CIT(E) also noted that under the new regime, CBDT, on multiple occasions, extended time limit for filing the application in Form No.10A and / or 10AB. The latest Circular No.08 of 2022 dated 31.03.2022 extended the time limit to 30.09.2022 beyond which there was no further extension. This was evident from subsequent CBDT Circular No.22/2022 dated 01.11.2022 through which CBDT extended time limit for filing application in Form No.10A under various Sections, up-to 25.11.2022. However no further extension was granted for filing of Form No.10AB. Also, CBDT issued another Circular No.6/2023 on 24.05.2023 extendin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that this issue has been decided by co-ordinate bench in bunch of appeals titled as M/s CIT-1982 Charitable Trust Ors, ITA No.827/Chny/2023 order dated 08.03.2024 as under: - 7.8 After hearing the arguments of ld. counsel for the assessee and ld. CIT-DR as noted above, we find from the facts that the timeline prescribed for filing Form No.10AB for registration u/s.12A of the Act in the case of assessee trust has been extended up-to 30.09.2023 after considering the genuine hardship faced by charitable institutions vide various CBDT circulars and finally, vide Circular No.6/2023 dated 24.05.2023. Similarly, the timeline prescribed for filing Form No.10A for recognition u/s. 80G of the Act was also extended up-to 30.09.2023 by the same circul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee that the timeline prescribed under clause (iii) of first proviso to section 80G(5) of the Act should be treated as directory and not mandatory especially considering the transitional nature of the amendment as brought out by the taxation of other laws (relaxation and amendment of certain provisions) act 2020 for bringing new regime. Hence, in our view, the CIT(Exemptions) should not have rejected the assessee s application in Form No.10AB only for this technical reason. We are of the view that the intention of CBDT in its circular clearly reflects their mind that once the timeline prescribed for filing Form No.10AB for recognition u/s.12A of the Act has been extended up to 30.09.2023, the same may be treated as extended for forms name ..... X X X X Extracts X X X X X X X X Extracts X X X X
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