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TMI Blog2024 (7) TMI 878X X X X Extracts X X X X X X X X Extracts X X X X ..... n week of provisional approval. The assessee never obtained approval of their fund in past, though their activities commenced in the year 1984, so the application of the assessee is not to be treated as time barred. We find that for obtaining approval u/s 80G, the primary condition is to first avail registration u/s 12AB, which the assessee has already been allowed. As find that the ld CIT(E) has not examined other requisite condition for approval of fund under section 80G and dismissed the application in limine, therefore, the application of the assessee is restored back to the file of CIT(E) to examine other required condition and pass the order in accordance with law. Appeal of the assessee is allowed for statistical purpose. - SHRI PA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onal approval in Form No. 10AC is for the period of 5 years / 3 years as the case may be. Thereafter, Trust or Institution has to convert of provisional registration into regular registration by way of Filing Form No.10AB at least 6 months prior to expiry of period of the provisional registration or within 6 months of commencement of its activities, whichever is earlier. In the present case, assessee trust has duly approved in Form NO.10AC on 19.01.2023 and subsequently filed Form 10AB on 24.01.2023 which was well within the prescribe time limit hence, there is no delay at all on the part of assessee trust for filing Form No. 10AB hence order passed in Form 10AB is become null and void. 3. After getting approval in Form No. 10AC for the per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 022-23 to 2026-27 vide document identification number (DIN) PAN AAATN1884H1984101 dated 24.09.2021. The assessee after obtaining registration under section 12AB, filed application for approval under clause (iii) of first proviso to sub-section-(5) of Section 80G in Form No. 10AB. On obtaining provisional approval under section 80G(5) vide approval dated 19.01.2023, the assessee filed application under Form-10AD for seeking approval final approval, vide application dated 24.01.2023. On filing such application, the assessee was issued show cause notice dated 05.07.2023 and was asked to explain as to why its application filed under section 80G(5)(iii) in Form 10AB should not be treated as not filed within due date as specified in the Act and n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation only on 23.01.2023 and was it dismissed as not maintainable. Feeling aggrieved by the rejection of approval application under section 80G, the assessee has filed present appeal before Tribunal. 4. We have heard the submission of Ld. Authorized Representative (Ld.AR) for the assessee and Ld. Commissioner of Income-Tax- Departmental Representative (Ld.CIT-DR) for the Revenue. The Ld. AR for the assessee made his submission on the basis of his contention made in response to show cause notice before Ld.CIT(E) and would submits that assessee was granted provisional approval for three years from 19.01.2023, which is otherwise not in dispute. The assessee immediately within a week made application in Form10AB for final approval on 24.01.2023 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st, though their activities commenced in the year 1984, so the application of the assessee is not to be treated as time barred. We find that for obtaining approval under section 80G, the primary condition is to first avail registration under section 12AB, which the assessee has already been allowed. We further find that the ld CIT(E) has not examined other requisite condition for approval of fund under section 80G and dismissed the application in limine, therefore, the application of the assessee is restored back to the file of ld CIT(E) to examine other required condition and pass the order in accordance with law. Needless to direct that before decision the ld CIT(E) shall grant opportunity of hearing to the assessee. The assessee is also ..... X X X X Extracts X X X X X X X X Extracts X X X X
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