KNOWLEDGE TRUST, Barunei Temple Road, Khordha V. DCIT(E) Circle, Bhubaneswar, Bhubaneswar

ITA 180/CTK/2024

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 1519 (ITAT-CUTTACK)
• Duration Of Justice: 2 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-06-2024
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: DB
• Assessment Year: misc
• Appeal Filed On: 18-04-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Charitable institution; Set aside

Judgement Text

आयकर अऩीऱीय अधधकरण, कटक न्यायऩीठ,कटक IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH CUTTACK BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER आयकर अऩीऱ सं/ITA No.180/C TK/2024 (ननधाारण वषा / Asses s m ent Year : 2024-2025) Knowledge Trust, F/12, IID Centre, Barunei Temple Road, Khordha Vs DCIT(E), Circle Bhubaneswar, Bhubaneswar PAN No. :AABTK 1204 B (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) ननधााररती की ओर से /Assessee by : Shri K.K.Bal, Advocate राजस्व की ओर से /Revenue by : Dr. Abani Kanta Nayak, CIT-DR स ु नवाई की तारीख / Date of Hearing : 24/06/2024 घोषणा की तारीख/Date of Pronouncement : 24/06/2024 आदेश / O R D E R Per Bench : This is an appeal filed by the assessee against the order dated 01.03.2024, passed by the CIT(Exemption), Hyderabad in DIN & Notice No.ITBA/EXM/F/EXM45/2023-24/1061817648(1). 2. It was submitted by the ld. AR that the assessee had filed an application electronically in Form No.10AB seeking registration u/s.80G(5) of the Act. It was the submission that the Form No.10AC was also issued for registration u/s.80G(5) by the department in favour of the assessee. However, the ld. CIT(E) rejected the application of the assessee filed in form 10AB for registration observing that the same is filed beyond the prescribed time limit as per the Finance Act, 2020. It was the submission that the order of the ld. CIT(E) deserves to be reversed. 3. Ld. CIT-DR submitted that the ld. CIT(E) has rightly denied the registration u/s.80G(5) of the Act as the application of the assessee- ITA No.180/CTK/2024 2 society was filed beyond the prescribed time limit as per the Finance Act, 2020. Thus, it was the prayer that the order of the ld. CIT(E) deserves to be upheld. 4. We have considered the rival submissions. On perusal of the order of the ld. CIT(E) clearly shows that the application of the assessee filed in Form No.10AB for registration has been rejected. Further a perusal of the impugned order clearly shows that the ld. CIT(E) had issued a show cause notice to the assessee which has not been replied by the assessee. However, ld. AR of the assessee before us submitted that the CBDT vide Circular No.7/2024, dated 25.04.2024 has extended the date of filing Form No.10AB upto 30 th June, 2024, whereas the assessee has filed its application in Form No.10AB on 27.09.2023. Under similar circumstances in the case of Bhoomishri Public Charitable Trust, passed in ITA No.106/CTK/2024, the coordinate bench of the Tribunal has already taken a view as follows :- 5. We have heard rival contentions and perused the material available on record. From the order of the ld. CIT(E), it appears that the application of the assessee was rejected solely on the ground that the Form 10AB was filed beyond the prescribed time limit as provided by the Finance Act, 2020. The CBDT Circular No.7/2024 has addressed this issue by which the time limit for filing Form 10AB is extended upto 30.06.2024. Since in this case, the order has already been passed by the Pr.CIT rejecting the application filed by the assessee, normally we would have set aside the order of the ld. CIT(E) and direct the assessee to file a fresh application in view of the Circular issued by the CBDT, referred to supra. This would only lead to multiple filings before the ld. CIT(E). This being so, in view of the Circular issued by the CBDT and also being live to the Circular issued by the CBDT in para 4.1, we set aside the order of the ld. CIT(E) and restore the issues to the file of ld.CIT(E) to readjudicate the issue holding the application of the assessee as being within time in view of the above mentioned Circular. ITA No.180/CTK/2024 3 5. Considering the submissions of the assessee and the fact that the CBDT has issued Circular No.7/2024, dated 25.04.2024 extending the due date for filing of the Form No.10B upto 30 th June, 2024, with the similar directions as given by the coordinate bench of the Tribunal in the above case, the issues in this appeal are restored to the file of ld. CIT(E) for readjudication after granting the assessee adequate opportunity of being heard. 6. In the result, appeal of the assessee is partly allowed for statistical purposes. Order dictated and pronounced in the open court on 24/06/2024. Sd/- (MANISH AGARWAL) Sd/- (GEORGE MATHAN) ऱेखा सदस्य/ ACCOUNTANT MEMBER न्यानयक सदस्य / JUDICIAL MEMBER कटक Cuttack; ददनाांक Dated 24/06/2024 Prakash Kumar Mishra, Sr.P.S. आदेश की प्रनतलऱपऩ अग्रेपषत/Copy of the Order forwarded to : आदेशान ु सार/ BY ORDER, (Assistant Registrar) आयकर अऩीऱीय अधधकरण, कटक/ITAT, Cuttack 1. अऩीऱाथी / The Appellant- Knowledge Trust, F/12, IID Centre, Barunei Temple Road, Khordha 2. प्रत्यथी / The Respondent- DCIT(E), Circle Bhubaneswar, Bhubaneswar 3. आयकर आय ु क्त(अऩीऱ) / The CIT(A), 4. आयकर आय ु क्त / CIT 5. ववभागीय प्रतततनधध, आयकर अऩीऱीय अधधकरण, कटक / DR, ITAT, Cuttack 6. गार्ड पाईऱ / Guard file. सत्यावऩत प्रतत //True Copy//