M/s. Sahabalve, , Bangalore V. The Commissioner of Income Tax, ( Exemptions), Bangalore

ITA 529/BANG/2024

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 6452 (ITAT-BANGALORE)
• Duration Of Justice: 2 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-06-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 05-06-2024
• Assessment Year: 2023-2024
• Appeal Filed On: 21-03-2024
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Section: 80G

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH : BANGALORE BEFORE SMT. BEENA PILLAI, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA No. 529/Bang/2024 Assessment year : N.A. M/s. Sahabalve, 205, Shravanthi Gokul Apartment, 5 th Cross, Dwarkanagar, BSK III Stage, Bangalore – 560 085. PAN : AAQTS 2227R Vs. The Commissioner of Income Tax (Exemptions), Bangalore. APPELLANT RESPONDENT Appellant by : Ms. Sunaina Bhatia, CA Respondent by : Shri Senthil Kumar, CIT(DR)(ITAT), Bengaluru. Date of hearing : 06.06.2024 Date of Pronouncement : 19.06.2024 O R D E R Per Laxmi Prasad Sahu, Accountant Member This appeal is filed by the assessee against the order dated 02.04.2024 of the CIT(Exemptions), Bangalore rejection registration u/s. 12AB. 2. The brief facts are that provisional approval u/s. 80G of the Act was granted in Form 10AC dated 09.07.2021 for AY 2021-22 to 2023- 24 and the assessee filed application in Form 10AB on 22.09.2023 for regularisation of approval u/s. 80G of the Act. The CIT(Exemptions) noted that the application in form 10AB was filed belatedly by the ITA No. 529/Bang/2024 Page 2 of 3 assessee as per proviso to section 80G(5) of the Act. He observed that CBDT Circular No.6 of 2023 dated 24.05.2023 extended time limit only for application seeking regularisation of registration u/s. 12AB obtained provisionally and not for approval u/s. 80G of the Act. He therefore rejected application of the assessee. Aggrieved, the assessee is in appeals before the ITAT. 3. The ld. AR submitted that the CBDT has extended the due date for filing Form 10A/10AB vide press release dated 25.04.2024 till 30.06.2024. She therefore, requested that the issue should be sent back to CIT(Exemptions) for fresh consideration. 4. The ld. DR relied on the orders of lower authorities. 5. After hearing both the sides, we note that the CBDT has extended the due date till 30.06.2024 for filing Form 10AB vide Press release dated 25.04.2024 which is as under:- ITA No. 529/Bang/2024 Page 3 of 3 6. From the above, it is clear that the assessee’s case is covered by the above CBDT press release. Therefore, the matter in this appeal is remitted back to the ld. CIT(Exemptions) for fresh consideration and decision as per law. 7. In the result, the appeal is allowed for statistical purposes. Pronounced in the open court on this 19 th day of June, 2024. Sd/- Sd/- ( BEENA PILLAI ) (LAXMI PRASAD SAHU ) JUDICIAL MEMBER ACCOUNTANT MEMBER Bangalore, Dated, the 19 th June, 2024. /Desai S Murthy / Copy to: 1. Appellant 2. Respondent 3. Pr.CIT 4. CIT(A) 5. DR, ITAT, Bangalore. By order Assistant Registrar ITAT, Bangalore.