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TMI Blog2024 (9) TMI 275X X X X Extracts X X X X X X X X Extracts X X X X ..... e Trust Ors. [ 2024 (3) TMI 1201 - ITAT CHENNAI ] wherein held we agree with the argument of ld. counsel for the assessee 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. Decided in favour of assessee. - HON BLE SHRI MANU KUMAR GIRI, JUDICIAL MEMBER AND HON BLE SHRI JAGADISH, ACCOUNTANT MEMBER For the Appellant : Shri R. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . CIT(E) that the application was time barred and liable to be rejected. 3. 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 extending due date for filing application in Form No.10AB ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o section 80G(5) of the Act. But the above extension was not extended beyond 30.09.2022, unlike other forms which were extended up to 30.09.2023 to the disputed forms namely Form No.10AB for renewal of recognition u/s.80G(5) of the Act under clause (iii) of the first proviso to section 80G(5) of the Act. Once, the CBDT has extended the timeline for filing Form No.10AB for recognition u/s.12A of the Act and also for filing Form No.10A for recognition u/s.80G of the Act extended up to 30.09.2023 for trusts filing registration under clause (i) of first proviso to section 80G(5) of the Act, we find no difference in continuing hardship as recognized by CBDT even in filing Form No.10AB for renewal of recognition u/s.80G of the Act under clause (i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lause (iii) of first proviso to section 80G of the Act also. Hence, we accept the plea of assessee and agree with the arguments of ld. counsel for the assessee and remand the matter back to the file of the CIT(Exemption) to decide the issue on merits. Hence, the order of CIT(Exemption) on this issue is set aside and matter is remanded back to the file of the CIT(Exemption) for redeciding the issue on merits as per law. The appeal of the assessee is allowed for statistical purposes. The Bench thus held that the extended time limit of 30.09.2023 as per CBDT Circular would apply to Form No.10AB as well. 5. The Bench also takes note of the latest decision of Hon ble High Court of Madras in the case of Sri Nrisimha Priya Charitable Trust in WP N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application under clause (i) of the first proviso to clause (23C) of section 10 or under sub-clause (i) of clause (ac) of sub-section (1) of section 12A or under clause (i) of the first proviso to sub-section (5) of section 80G or in case of an intimation under fifth proviso of subsection(I) of section 35 of the Act, till 30.06.2024; (ii) Form No. 10AB, in case of an application under clause (iii) of the first proviso to clause (23C) of section 10 or under sub-clause (iii) of clause (ac) of sub-section (I) of section 12A or under clause (iii) of the first proviso to sub-section (5) of section 80G of the Act, till 30.06.2024. . .. . .. 4.1 Further, in cases where any trust, institution or fund has already made an application in FormNo.10AB, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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