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TMI Blog2025 (1) TMI 910X X X X Extracts X X X X X X X X Extracts X X X X ..... ) and dated 25.07.2024 against the rejection of registration u/s. 80G of the Act. 2. There was a delay of 2 days in filing of these appeals. The assessee has filed an affidavit explaining the reason for this delay. Considering the explanation of the assessee, the delay in filing of the two appeals is condoned. 3. As the issue involved in two appeals are inter-connected, they were heard together and are being disposed vide this common order. 4. The brief facts of the case are that the assessee is a trust and had filed an application in Form 10AB for registration of the trust u/s. 12A(1)(ac)(vi)(B) of the Act, which was rejected by the Ld. CIT(E). Further, the assessee had also filed an application for approval of the trust u/s. 80G of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r." Grounds in ITA No.1705/Ahd/2024 "1. On the basis of facts and circumstances of the case and in law, the Commissioner of income Tax (Exemptions) (hereinafter referred to as 'CIT(Exemptions)'] has erred in rejecting the application for approval filed under section 80G(5) (iv) (B) of the Income-tax Act, 1961. 2. The CIT(Exemptions) has erred in law and on facts by rejecting the application for approval without considering the facts of the case and the documents available on record. 3. The CIT(Exemptions) has erred in law and on facts by summarily rejecting the Appellant's application for approval without providing any cogent reasons for rejection of application. 4. The CIT(Exemptions) has erred in law and on facts by p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion u/s. 10(23C) or Section 11 or Section 12 of the Act for any of the previous years on or before the date of application. 8. We have carefully considered the rival submissions. The assessee had filed the application in Form 10AB on 05.01.2024 for registration u/s. 12A(1)(ac)(vi)- Item B of the Act. The said Section is reproduced as under: 12A. (1) The provisions of section 11 and section 12 shall not apply in relation to the income of any trust or institution unless the following conditions are fulfilled, namely:- .......... (ac) notwithstanding anything contained in clauses (a) to (ab), the person in receipt of the income has made an application in the prescribed form and manner to the Principal Commissioner or Commissioner, for r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had remained unverified. Therefore, he had rejected the application for registration u/s. 12A of the Act. 10. On the other hand, the assessee has submitted that a letter dated 15.05.2024 was already filed furnishing the copy of income tax returns for A.Ys. 2021-22, 2022-23 & 2023-24 from which it was evident that the condition as stipulated in Section 12(1)(ac)(vi)-Item B was duly satisfied. A copy of the said letter dated 15.05.2024 filed before the Ld. CIT(E) has been brought on record in the paper book. It is found there from that the assessee had merely submitted a copy of income tax returns for these three years but there was no mention of satisfaction of conditions u/s. 12A(ac)(vi)-Item B of the Act in the said letter. The Ld. CIT(E ..... X X X X Extracts X X X X X X X X Extracts X X X X
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