Sath Foundation, Kolkata V. CIT(EXEMPTION), Kolkata

ITA 463/KOL/2024

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 6840 (ITAT-KOLKATA)
• Duration Of Justice: 2 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-05-2024
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 06-03-2024
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 12A

Judgement Text

ITA Nos. 462 & 463/KOL/2024 Assessment Year: 2023-2024 Sath Foundation 1 THE INCOME TAX APPELLATE TRIBUNAL, ‘B’ BENCH, KOLKATA Before Shri Sanjay Garg, Judicial Member & Shri Sanjay Awasthi, Accountant Member I.T.A. Nos. 462 & 463/KOL/2024 Assessment Year: 2023-2024 Sath Foundation,..........................................Appellant 6 th Floor, 11/3, Biresh Guha Street, Kolkata-700017 [PAN:ABECS0121Q] -Vs.- Commissioner of Income Tax (Exemption),.Respondent 10B, Middleton Row, Kolkata-700071 Appearances by: Shri Manoj Kataruka, A.R., appeared on behalf of the assessee Shri Abhijit Kundu, CIT, DR, appeared on behalf of the Revenue Date of concluding the hearing: May 29 th , 2024 Date of pronouncing the order: May 30 th , 2024 O R D E R Per Sanjay Garg, Judicial Member:- The present appeals have been preferred by the assessee-Trust against the separate orders of ld. ITA Nos. 462 & 463/KOL/2024 Assessment Year: 2023-2024 Sath Foundation 2 Commissioner of Income Tax (Exemption), Kolkata, both dated 26 th February, 2024. 2. ITA No. 462/KOL/2024 is against the order of ld. CIT(Exemption) for rejection of application of the assessee for registration under section 12A of the Income Tax Act, whereas ITA No. 463/KOL/2024 is against the order of ld. CIT(Exemption), Kolkata on account of rejection of the application of the assessee for approval under section 80G(5) of the Income Tax Act. 3. At the outset, ld. Counsel for the assessee-Trust has invited our attention to the impugned orders of the ld. CIT(Exemption). He has submitted that both the aforesaid applications of the assessee have been rejected by the ld. CIT(Exemption) solely on the technical ground that the assessee had selected the wrong Code/Form while applying for registration u/s 12A and for approval u/s 80G. The ld. CIT(Exemption) has observed that the assessee can file fresh applications selecting correct Code/Form. 4. In the meantime, the last date for filing the application had expired. ITA Nos. 462 & 463/KOL/2024 Assessment Year: 2023-2024 Sath Foundation 3 5. The ld. Counsel for the assessee at this stage has submitted that CBDT has recently issued a Circular bearing No. 7 of 2024 dated 25 th April, 2024, vide which the due date for filing application for registration /approval, as the case may be, has been extended till 30 th June, 2024. Ld. Counsel has submitted that in view of the said Circular, the assessee-Trust wish to avail the benefit of the said Circular and accordingly will apply fresh before the ld. CIT(Exemption) for registration under section 12A as well as for approval under section 80G(5) of the Income Tax Act. Ld. Counsel, therefore, stated that the appeals may be dismissed as withdrawn with a liberty to move fresh application before the ld. CIT(Exemption). 6. The ld. D.R. has not objected to the same. 7. In view of the above, both the appeals of the assessee are dismissed as withdrawn with a liberty to the assessee- Trust to move fresh application before the ld. CIT(Exemption) for registration under section 12A as well as for approval under section 80G(5) of the Income Tax Act. If such applications are moved by the assessee, the ld. CIT(Exemption) will decide the same in the light of the CBDT Circular No. 7 of 2024. Accordingly, with the above observation, both the appeals of the assessee are dismissed as withdrawn. ITA Nos. 462 & 463/KOL/2024 Assessment Year: 2023-2024 Sath Foundation 4 8. In the result, both the appeals of the assessee are dismissed. Order pronounced in the open Court on 30/05/2024. Sd/- Sd/- (Sanjay Awasthi) (Sanjay Garg) Accountant Member Judicial Member Kolkata, the 30 th day of May, 2024 Copies to :(1) Sath Foundation, 6 th Floor, 11/3, Biresh Guha Street, Kolkata-700017 (2) Commissioner of Income Tax (Exemption), 10B, Middleton Row, Kolkata-700071 (3) CIT- , Kolkata (4) The Departmental Representative; (5) Guard File TRUE COPY By order Assistant Registrar, Income Tax Appellate Tribunal, Kolkata Benches, Kolkata Laha/Sr. P.S.