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TMI Blog2025 (2) TMI 814X X X X Extracts X X X X X X X X Extracts X X X X ..... novo adjudication and to pass a speaking order - Grounds of appeal are allowed for statistical purposes.
Rejecting the application u/s 80G(5) due to late filing - As decided in FI FOUNDATION [2024 (9) TMI 424 - ITAT CHANDIGARH] application of the assessee deserves to be examined on merits and cannot be dismissed as barred by limitation. There is no reason as to why the above decision would not be applicable to the facts of the instant appeal, which are similar. Hence, following the above decision, the matter is remitted to the file of CIT(E) to admit the application of the assessee-trust as filed within the stipulated period and examine the same on merits as per law after granting reasonable opportunity of being heard to the assessee X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act was rejected and provisional registration granted on 16.02.2022 was also cancelled. 4. Aggrieved by the order of CIT(E), the assessee filed appeal before the Tribunal. The learned Authorized Representative (ld. AR) submitted a paper book giving various details containing 70 pages including the Memorandum of Association, Article of Association, Certificate of Incorporation, order for provisional registration in Form No.10AC, copy of certified financial statements for AY.2022-23, Form No.10B for AY.2022-23, copy of certified financial statements for AY.2023-24, Form No.10BB for AY.2023-24, details of immovable property and identity proof of directors etc. She submitted that the assessee was incorporated on 01.12.2021. She also submitted that construction is going on and business of the assessee has not commenced. It was further submitted that other details had also been uploaded in the Income-tax Portal. Since the case has been decided without considering the merit of the case, the ld. AR requested that the matter may be set aside to the file of CIT(E) for considering the case on merit. The ld. AR of the assessee submitted that the ex parte order by CIT(E) is clearly vio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allowed for statistical purposes. 7. In the result, appeal of the assessee is allowed for statistical purpose. ITA No.735/SRT/2024: 8. The appeal filed by the assessee is barred by limitation by 27 days in terms of provisions of section 253(3) of the Act. The assessee has filed an affidavit giving reasons for delay in filing the appeal of appeal before the Tribunal. In the affidavit, the assessee stated that CIT(E) has passed order u/s 250 of the Act on 03.04.2024. The appeal filed before this Tribunal was required to be filed within 60 days, i.e. on or before 02.06.2024. However, the assessee filed the appeal on 29.06.2024. Therefore, there is a delay of 27 days. The ld. AR submitted that the CBDT had extended the time limit for filing the application for registration u/s 12A and approval u/s 80G till 30.06.2024 vide Circular No.7 of 2024, dated 25.04.2024. They decided initially not to file an appeal before the Tribunal and to file new Form 10AB for approval u/s 80G(5) of the Act. However, they were advised to file the appeal belatedly as abundant caution. Therefore, the appeal was filed belatedly on 29.06.2024. They also filed the new Form 10AB on 28.06.2024 for approval u/s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2023. The date of registration in this case was 01.12.2021. The applicant had been granted provisional approval on 16.12.2022 in Form No.10AC under clause (vi) of first proviso to section 80G(5) of the Act for the period commencing from AY.2022-23. Vide notice dated 12.01.2024, the CIT(E) intimated the applicant that the date of commencement of activities should be six months prior to date of filing of Form 10AB. He requested as to why the application filed in section 80G(5)(iii) in Form 10AB should not be treated as not filed and be not rejected. The appellant did not file any response to the above notice of the CIT(E). Thereafter, the CIT(E) observed that appellant was required to file application in Form 10AB on or before 30.09.2022, which it failed to submit. As the application was not filed before 30.09.2022 within the extended time limit as per Circular No.8 of 2022, the application was rejected without going into the merits of the case. The provisional approval was also cancelled. 13. Aggrieved by the order of CIT(E), the assessee-trust has filed appeal before the Tribunal. The ld. AR submitted that as the assessee-trust was granted provisional approval, it was required to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... granted to the assessee-trust. For ready reference, para 4.1 of the trust is reproduced below: "4.1 Further, in cases where any trust, institution or fund has already made an application in Form No.10AB, and where the Principle Commissioner or Commissioner has passed an order rejecting such application, on or before the issuance of this Circular, solely on ground of the fact that the application was furnished after the due date or that the application has been furnished under the wrong section code, it may furnish a fresh application in Form 10AB within the extended time provided in para 3(ii) i.e., 30.06.2024". 16. The assessee was required to file fresh application before 30.06.2024. The ld. AR submitted that the assessee did not file application as the matter was pending before the Tribunal. She requested that the application filed earlier may be treated as the application filed before 30.06.2024 as per the intent and spirit of Circular No.7/2024, dated 25.04.2024. For this reliance was placed on the decision of ITAT, Chandigarh in case of FI Foundation (supra). In the said decision, the application has been rejected vide order dated 19.03.2024 before the issuance of the Circ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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