9911796707
TMI Blog2025 (1) TMI 1546X X X X Extracts X X X X X X X X Extracts X X X X ..... G(5)(iii) of the Income Tax Act, 1961 (hereinafter referred to as the "Act"). 2. Vide our order dated 03.01.2025 passed in MA No. 38/KOL/2024, the order dated 09.05.2024 passed in ITA No. 377/KOL/2024 has been recalled. The relevant observations made by us in the said order dated 03.01.2025 passed in MA No. 38/KOL/2024 are hereby reproduced as under: 2. "It has been pleaded in the present Miscellaneous Application that the assessee Trust was granted approval under clause (i) of the 1st proviso to sec. 80G(5) of the Income Tax Act, 1961 (hereinafter referred to as the "Act"), which was valid until Assessment Year (AY) 2026-27. That this Tribunal in the impugned order, inadvertently observed that the assessee was granted provisional regist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rough the record. We find from the record that in this case, the assessee was already approved u/s. 80G(5) of the Act as a charitable institution prior to the year 2021. An amendment was brought into the relevant provisions, whereby, the institution which stood already approved u/s 80G(5) of the Act on or before 01.04.2021, had to apply for fresh approval under the provisions of Section 80G(5)of the Act. The assessee accordingly applied for approval under clause (i) of 1st proviso to section 80G(5) of the Act. The said application of the assessee was allowed on 31.05.2021. However, both the assessee as well as the ld. CIT (Exemption) have misconstrued the provisions and were of the view that the said approval was a provisional approval and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been resolved by the Board by issuance of a Circular bearing No. 11 of 2022 on 3rd June, 2022. The Board has clarified as under:- "5. In view of the above, it is hereby clarified that,- (i) the conditions contained in Form No. 10AC, issued between 01.04.2021 till the date of issuance of this Circular, shall be read as if the said conditions had been substituted with the conditions as provided in the Table 1 with effect from 1st April, 2022; Table 1 Sl. No Section Code Section under which order is passed Conditions 1 01 Clause (a) of sub-section (1) of section 12AB As per Annexure A 2 02 Clause (c) of sub-section (1) of section 12AB As per Annexure B 3 03 to 06 Clause (i) of second proviso to clause (23C) of section 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lause (ii) of clause 5 of this Circular, it has been contemplated that where due to technical glitches, Form No. 10AC has been issued during FY 2021- 2022 with the heading "Order for provisional registration" or " Order for provisional approval" instead of "Order for registration" or " Order for approval", then all such Form No. 10AC shall be considered as an "Order for registration or approval" and, in such cases where Form No. 10AC has been issued. Therefore, all registrations issued by CPC, Bengaluru under sub-clause (i) of section 12AC(1) would be construed as if granted for regular purposes. 7. Now, the Department has come with Miscellaneous Application stating therein that the observation of this Tribunal is based on incorrect assum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay, itself, so that the same may be adjudicated in light of the observations made in this Miscellaneous Application. Copy of this order be also placed in the main appeal. 8. In the result, the Miscellaneous Application filed by the Department is hereby allowed." 3. In view of the above facts and circumstances of the case as narrated above while adjudicating M.A. No.: 38/KOL/2024, the present appeal of the assessee is not maintainable as the assessee has already been granted final/regular registration (not provisional), which is valid from 2022-23 to AY 2026-27. Therefore, there is no requirement of applying for final registration. The present appeal of the assessee, thus, is infructuous and not maintainable and the same is accordingly di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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