9911796707
TMI Blog2025 (3) TMI 616X X X X Extracts X X X X X X X X Extracts X X X X ..... e on merit as per fact and law. Appeal filed by 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 ..... u/s 80G of the Act by observing as under: "5. The assessee was requested to show cause as to why the application should not be rejected and why the approval granted under section 80G(5) of the Income Tax Act, 1961 should not be cancelled. The assessee was also given opportunity of being heard vide the said notice. The assessee was specifically informed that in the event of failure to comply by the due date, the application shall be liable to be rejected and the approval shall also be liable to be cancelled. The compliance to the said notice was due on 18/07/2024. The notice was duly served on the assessee through e-portal and email. 6. Since, the assessee has not furnished any explanation to the discrepancies communicated to it, it is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plicable to the assessee's case. 10. In view of the above, the application under sub clause (B) of (iv) of first proviso to sub-section (5) of section 80G of the Income Tax Act, 1961 filed by the assessee is hereby rejected." 4. Aggrieved with such order of the Ld. CIT(E), the assessee is in appeal before the Tribunal by raising the following grounds: 1] The learned CIT(E) erred in holding that the assessee trust had regular registration u/s 12A since 1994 and accordingly, the application filed u/s 80G(5)(iv)(B) by the assessee trust was to be rejected. 2] The learned CIT(E) erred in not appreciating that simply because the assessee had selected the wrong code for filing the application for approval u/s 80G did not mean that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly it should have been allowed regular registration instead of provisional registration. He accordingly submitted that the Ld. CIT(E) should be directed to consider the application filed by the assessee for regular registration and grant approval u/s 80G of the Act. 6. The Ld. DR on the other hand submitted that the assessee did not respond to the notices issued by the Ld. CIT(E) pointing out certain discrepancies, therefore, the same should be upheld. In his alternate contention, he submitted that the matter may be restored to the file of the Ld. CIT(E). 7. We have heard the rival arguments made by both the sides and perused the order of the Ld. CIT(E). We find the assessee made an application in Form 10AB of the Act for grant of approva ..... X X X X Extracts X X X X X X X X Extracts X X X X
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