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TMI Blog2025 (2) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... t course of action advised, which otherwise assessee might have explained the facts to avoid the impugned rejection.
We remit the issue back to the file of CIT(E), with a direction to grant final approval to assessee under Clause (iii) to first proviso to section 80G(5) if assessee is otherwise found eligible. Appeal of the assessee is allowed for statistical purposes. X X X X Extracts X X X X X X X X Extracts X X X X ..... from the total income on account of applicability of sub-clause (iv) or sub-clause (v) or sub-clause (vi) or sub-clause (via) of clause (23C) of section 10, or section 11 or section 12. for any previous year ending on or before the date of such application, at any previous year ending on or before the date of such application, at any time after the commencement of such activity." 3 On verification of the facts and circumstances of the case, it is found that the trust was incorporated on 25.09.1995. Further, the assessee has already claimed exemption by filing ITR-7 from AY-2022-23 & 2023-24 i.e. before applying for regularization of registration in Form 10AB (Previous Years). 4 As per above mentioned provision of Income Tax Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roval for registration under section 80G to the assessee. Ld AR relied on the decision of the Kolkata Bench of the Tribunal in the case of North Eastern Social Research Centre vs CIT(E) [2024] 165 taxmann.com 12 (Kolkata Trib) in this regard and prayed for a similar direction as held hereunder - 6. The facts and issues involved in the case in hand being identical to that of the above referred to cases and in view of the findings given by the Coordinate Benches of the Tribunal, the appeal of the assessee is allowed accordingly and the ld. CIT(Exemption) is directed to grant final approval to the assessee under Clause (iii) to First Proviso to section 80G(5) of the Act, if the assessee is otherwise found eligible. It is directed that the Id ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relevant provisions of first proviso to subsection (5) of section 80G which read as under - Provided that the institution or fund referred to in clause (vi) shall make an application in the prescribed form and manner to the Principal Commissioner or Commissioner, for grant of approval,- (i) where the institution or fund is approved under clause (vi) [as it stood immediately before its amendment by the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020], within three months from the Ist day of April, 2021; (ii) where the institution or fund is approved and the period of such approval is due to expire, at least six months prior to expiry of the said period; (iii) where the institution or fund has bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acts of the case, in our considered view, there is merit in claim of the ld. AR that assessee has selected the wrong section code inadvertently while filing the application for final registration in Form 10AB. Further, we notice that assessee did not have the opportunity of being heard before ld. CIT(E) due to incorrect course of action advised, which otherwise assessee might have explained the facts to avoid the impugned rejection. In view of these discussions and respectfully following the above decision of the Kolkata Bench in the case of North Eastern Social Research Centre (supra), we remit the issue back to the file of ld. CIT(E), with a direction to grant final approval to assessee under Clause (iii) to first proviso to section 80G(5 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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