IKJ CARE, CHANDIGARH V. COMMISSIONER OF INCOME TAX EXEMPTIONS , CHANDIGARH

ITA 146/CHANDI/2024

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 5225 (ITAT-CHANDIGARH)
• Duration Of Justice: 5 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-08-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 06-08-2024
• Assessment Year: misc
• Appeal Filed On: 15-02-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: AJAY KUMAR JAIN
• Keywords: Charitable institution
• Section: 80G

Judgement Text

आयकर अपीलȣय अͬधकरण,चÖडीगढ़ Ûयायपीठ, चÖडीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCH, ‘A’, CHANDIGARH BEFORE SHRI A.D. JAIN, VICE PRESIDENT & DR KRINWANT SAHAY, ACCOUNTANT MEMBER आयकर अपील सं./ ITA No. 146/CHD/2024 Ǔनधा[रण वष[ / Assessment Year : 2024-25 IKJ Care, 1140, Sector 15, Chandigarh Vs. बनाम The CIT (Exemptions), Chandigarh èथायी लेखा सं./PAN No: AABTI7729M अपीलाथȸ/ APPELLANT Ĥ×यथȸ/ REPSONDENT Ǔनधा[ǐरती कȧ ओर से/Assessee by : Shri Ajay Kumar Jain, CA राजèव कȧ ओर से/ Revenue by : Shri Rohit Sharma, CIT DR स ु नवाई कȧ तारȣख/Date of Hearing : 07.08.2024 उदघोषणा कȧ तारȣख/Date of Pronouncement : 08.08.2024 आदेश/Order Per Dr. Krinwant Sahay, A.M.: The appeal in this case has been filed by the Assessee against the order dated 03.01.2024 of the ld. Commissioner of Income Tax, Exemptions, Chandigarh [herein referred to as CIT(E)]. 2. Ground of appeal taken by the Assessee is as under: - That the Commissioner of Income Tax Exemptions has wrongly dismissed application for registration under section 80G of the Income Tax Act. 146-Chd-2024 IKJ Care, Chandigarh 2 3. Facts of the case, as submitted by the ld. Counsel of the Assessee, are as under: - 1. The assessee is old trust continuing to exist since 11- 04-2017. The assessee trust filed an application dated 17.08.2023 in Form 10AB under Rule 11AA of the Income Tax Rules, 1962, seeking approval under clause (ii) of first proviso to sub-section (5) of section 80G of the Act. The CIT (Exemption) noted that the assessee had been granted provisional approval in Form No.10AC on 28.05.2021 u/s. 80G(5)(iv) of the Act, for the period commencing 28.05.2021 to assessment year 2024-25. Thus, the assessee was required to file application in Form No.10AB u/s.80G(5)(iii) of the Act within the time period of six months prior to expiry of period of the provisional approval or within six months of commencement of its activities, whichever is earlier. 2. The Id CIT(Exemption) noted that in the present case, the date of Commencement of its activities is 11-4-2017 and the date of filing of application in Form No.10AB is 17- 08-2023, which is after expiry of six months of commencement of its activities. 3. Now we submit that the CBDT Circular no 7/2024 dated 25/4/2024 has extended the time limit for filing form 10AB up to 30-06-2024 for approval 146-Chd-2024 IKJ Care, Chandigarh 3 4. The time limit has extended by Circular up to 30-06- 0024 & we also place reliance on ITAT Chandigarh bench decision in case of Shree Khatu Shyam Pariwar Charitable Trust, ITA no 775/2023 order dated 26-07- 2023. 4. During the proceedings before us, the ld. Counsel for the Assessee argued that the rejection of the application for final approval u/s 80G has been done by the ld. CIT(E) noting that the date of commencement of the activities of the trust was 11.04.2017 and the filing of the application in Form No. 10AB was 17.08.2023, which was after expiry of the six months of the commencement of its activities. The ld. Counsel further submitted that now the CBDT has issued a Circular No.7/2024 dated 25.4.2024 and it has extended time limit for filing Form No. 10AB up to 30.06.2024 for approval u/s 80G, therefore, the matter may be remanded back to verify the issue and pass the order accordingly. 5. The ld. DR did not object on this issue. 6. We have considered the findings of the ld. CIT(E) on this issue in his order and we have also considered the Circular No. 7/2024 issued by the CBDT vide F.No.173/25/2024-ITA-I dated 25 th April, 2024. As per the Circular the CBDT has extended the date up to 30.06.2024 of 146-Chd-2024 IKJ Care, Chandigarh 4 filing of Form No. 10AB. Thus, the matter is remanded back to the file of the CIT(E) Chandigarh to examine the issue in the light of the latest Circular No. 7/2024 dated 25.4.2024 and pass an order accordingly. 7. In the result, the appeal of the Assessee is allowed for statistical purposes. Order pronounced on 08.08.2024. Sd/- Sd/- ( A.D. JAIN ) (DR KRINWANT SAHAY) Vice President Accountant Member “आर.के.” आदेश कȧ ĤǓतͧलͪप अĒेͪषत / Copy of the order forwarded to : 1. अपीलाथȸ/ The Appellant 2. Ĥ×यथȸ/ The Respondent 3. आयकर आय ु Èत/ CIT 4. ͪवभागीय ĤǓतǓनͬध, आयकर अपीलȣय आͬधकरण, चÖडीगढ़/ DR, ITAT, CHANDIGARH 5. गाड[ फाईल/ Guard File आदेशान ु सार/ By order, सहायक पंजीकार/ Assistant Registrar