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TMI Blog2025 (3) TMI 701X X X X Extracts X X X X X X X X Extracts X X X X ..... requirements of section 12AB, it has to be assumed that the technical compliances of section 80G(5) are also fulfilled, to that extent the order of the Ld. CIT (E), Jaipur is absurd. As the same is being passed with a preconceived notion, i.e. keeping in mind the provisions of section 12AB whereas the present matter is not for registration u/s. 12AB of the Act. Appeal of the assessee is allowed. X X X X Extracts X X X X X X X X Extracts X X X X ..... or verification the assessee submitted its registration certificate u/s. 12AB(1)(ii)(B) of the Act and an assessment order u/s. 143(3) of the Act for A.Y. 2017-18, wherein the claim of the assessee about exemption has been examined and allowed by the AO. Now the limited question before us is, whether an assessee who is carrying a valid registration certificate still can it be denied approval u/s. 80G(5) of the Act? For a thorough analysis of the matter under consideration, we deem it fit to reproduce and discuss the provisions of section 80G(5) of the Act as under: 80G(5) This section applies to donations to any institution or fund referred to in sub-clause (iv) of clause (a) of sub-section (2), only if it is established in India for a charitable purpose and if it fulfils the following conditions, namely: - (i) where the institution or fund derives any income, such income would not be liable to inclusion in its total income under the provisions of sections 11 and 12 or clause (23AA) or clause (23C) of section 10 : Provided that where an institution or fund derives any income, being profits and gains of business, the condition that such income would not be liable to inclusion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 09; and (b) approved under the said clause (vi) for the previous year beginning on the 1st day of April, 2008 and ending on the 31st day of March, 2009;] (viii) the institution or fund prepares such statement for such period as may be prescribed and deliver or cause to be delivered to the prescribed income-tax authority or the person authorised by such authority such statement in such form and verified in such manner and setting forth such particulars and within such time as may be prescribed: Provided that the institution or fund may also deliver to the said prescribed authority, a correction statement for rectification of any mistake or to add, delete or update the information furnished in the statement delivered under this sub-section in such form and verified in such manner as may be prescribed; and (ix) the institution or fund furnishes to the donor, a certificate specifying the amount of donation in such manner, containing such particulars and within such time from the date of receipt of donation, as may be prescribed: Provided that the institution or fund referred to in clause (vi) shall make an application in the prescribed form and manner to the Principal Commiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of three years from the assessment year from which the approval is sought,] and send a copy of such order to the institution or fund: Provided also that the order under clause (i) and clause (iii) of the second proviso shall be passed in such form and manner as may be prescribed, before expiry of the period of three months and one month, as the case may be, calculated from the end of the month in which the application was received: Provided also that the order under sub-clause (b) of clause (ii) of the second proviso shall be passed in such form and manner as may be prescribed, before expiry of the period of six months from the end of the quarter in which the application was received: Provided also that the approval granted under the second proviso shall apply to an institution or fund, where the application is made under- (a) clause (i) of the first proviso, from the assessment year from which approval was earlier granted to such institution or fund; (b) clause (iii) of the first proviso, from the first of the assessment years for which such institution or fund was provisionally approved; (c) in any other case, from the assessment year immediately following the fina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . CIT (E), Jaipur is absurd. As the same is being passed with a preconceived notion, i.e. keeping in mind the provisions of section 12AB of the Act, whereas the present matter is not for registration u/s. 12AB of the Act. 6. Notwithstanding the discussion on law and facts (supra), we further rely on the Board's circular reproduced as under: CIRCULAR NO. 7/2024 [F.NO. 173/25/2024-ITA-I] SECTION 119 OF THE INCOME-TAX ACT, 1961 - CENTRAL BOARD OF DIRECT TAXES - INSTRUCTIONS TO SUBORDINATE AUTHORITIES - EXTENSION OF DUE DATE FOR FILING OF FORM NO. 10A / 10AB CIRCULAR NO. 7/2024 [F.NO. 173/25/2024-ITA-I], DATED 25-4-2024 On consideration of difficulties reported by the taxpayers and other stakeholders in the electronic filing of Form No. 10A/10AB, the Central Board of Direct Taxes (the Board) in exercise of its powers under section 119 of the Income-tax Act, 1961 (the Act) extended the due date for filing Form No. 10A to 31-8-2021 by Circular No. 12/2021, dated 25-6-2021, to 31-3-2022 by Circular No. 16/2021, dated 29-8-2021, to 25-11-2022 by Circular No. 22/2022, dated 1-11- 2022 and further to 30-9-2023 by Circular No. 6/2023, dated 24-5-2023, and extended the due date for filin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been furnished under the wrong section code, it may furnish a fresh application in Form No. 10AB within the extended time provided in paragraph 3(ii) i.e. 30-6-2024. 5. It is also clarified that if any existing trust institution or fund who had failed to file Form No. 10A for A.Y. 2022-23 within the due date as extended by the CBDT Circular No. 6/2023, dated 24-5-2023 and subsequently, applied for provisional registration as a new trust, institution or fund and has received Form No. 10AC, it can avail the option to surrender the said Form No. 10AC and apply for registration for AY 2022-23 as an existing trust, institution or fund in Form No. 10A within the extended time provided in paragraph 3(i) i.e. 30-6-2024. 7. I view of the above, the application filed by the assessee is not found to be delayed and as far as technical issues in this order raised by the Ld. CIT (E), Jaipur are concerned, same are found to be baseless and irrelevant. In the light of above, matter is restored back to the file of the Ld. CIT (E), Jaipur with a direction to revoke the earlier order and issue the approval order to the assessee trust. In view of above, ground nos. 1, 3 and 4 raised by the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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