9911796707
TMI Blog2024 (3) TMI 1370X X X X Extracts X X X X X X X X Extracts X X X X ..... ving regard to the identical facts and circumstances of the matter in the case relied upon by the A.R. we set-aside the issue to the file of the Ld. CIT(E) with a direction upon him to treat the said application under Section 80G(5)(iii) of the Act and to pass orders strictly in accordance with law. Appeal of the assessee is allowed for statistical purposes. - SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND Ms. MADHUMITA ROY, JUDICIAL MEMBER For the Appellant : Shri Parin Shah, A.R. For the Respondent : Dr. Darsi Suman Ratnam, CIT DR ORDER PER MADHUMITA ROY, JM: The instant appeal filed by the assessee is directed against the order dated 07.11.2023 passed by the Ld. Commissioner of Income Tax (Exemption), Ahmedabad under Section 80G(5) of the In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... b-Section (5) of Section 80G of the Act for the period from A.Y. 2021-22 to A.Y. 2024-25. 4. At the time of hearing of the instant appeal the Ld. Counsel appearing for the assessee submitted before us that as the assessee is eligible for final registration. Merely because of the application being made under a different Clause (ii) of First Proviso of Section 80G(5) by mistake the same could have been treated by the Ld. CIT(E) under Clause (iii) of First Proviso of Section 80G(5). This procedural mistake could have been condoned /ignored by the Ld. CIT(E) having regard to the eligibility of the assessee for such grant. In fact, that is the sole reason the Ld. A.R. is praying for remitting the issue to the file of the Ld. CIT(E) with a direct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate of grant of provisional approval. The relevant part of the order of the Coordinate Bench is reproduced as under: 6. We note that the ld. CIT(E) has misconstrued the aforesaid proviso to section 80G(5) of the Act. As per the provision, an application for final registration cannot be filed until and unless an assessee/trust has been given provisional approval u/s 80G(5)(iv) of the Act. The assessee was granted provisional approval on 30.11.2022 only, and within a few days i.e. on 03.12.2022, the assessee applied for final registration u/s Clause (iii) of 1st Proviso to section 80G(5) of the Act. Though the assessee might have commenced its activities prior to grant of provisional registration but that does not mean that the assessee in th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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