Organisation for Resource Development & Environment Rejuvenation , Tumakuru V. Commissioner of Income Tax, Exemptions, , Bengaluru

ITA 736/BANG/2024

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 1664 (ITAT-BANGALORE)
• Duration Of Justice: 1 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-06-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 02-06-2024
• Assessment Year: misc
• Appeal Filed On: 21-04-2024
• Result in Favour of: Assessee
• 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 Nos. 736 & 737/Bang/2024 Assessment years : N.A. Organisation for Resource Development & Envirionment Rejuvenation, Manojavam Dhama, Near Kuvempu Nagar Circle, Tumakuru – 572 103. PAN : AAAAO 0966E Vs. The Commissioner of Income Tax (Exemptions), Bengaluru. APPELLANT RESPONDENT Appellant by : Shri S.V. Ravishankar, Advocate Respondent by : Shri N. Senthil Kumar, CIT(DR)(ITAT), Bengaluru. Date of hearing : 03.06.2024 Date of Pronouncement : 13.06.2024 O R D E R Per Laxmi Prasad Sahu, Accountant Member These two appeals are filed by the assessee against the separate orders dated 03.04.2024 of the CIT(Exemptions), Bangalore for rejecting registration u/s. 12AB of the Act as well as approval u/s. 80G of the Act respectively. ITA Nos. 736 & 737/Bang/2024 Page 2 of 4 2. The CIT(Exemptions) noted that assessee obtained provisional registration u/s. 12AB in Form 10AC dated 27.05.2021 for AY 2021- 22 to 2023-24. He noted that the application in Form 10AB for registration u/s. 12AB was filed on 07.11.2023 which is beyond time limit specified as per CBDT Circular No.6 of 2023 dated 24.05.2023 and therefore denied registration. Regarding approval u/s. 80G(5) of the Act, the CIT(Exemptions) observed that for regularisation of provisional registration obtained u/s. 80G, the application in Form 10AB was filed only on 08.11.2023 after expiry of the provisional approval period in Form 10AC dated 09.07.2021 for AY 2021-22 to 2023-24. He noted that as per the proviso to section 80G(5) the application should have been made before 30.09.2022. Since the application of the assessee is belated, approval u/s.80G was rejected. 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 30.6.2024. He therefore 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 Nos. 736 & 737/Bang/2024 Page 3 of 4 PRESS RELEASE CBDT EXTENDS DUE DATE FOR FILING FORM 10A / 10AB PRESS RELEASE, DATED 25-4-2024 The Central Board of Direct Taxes (CBDT), has issued Circular No. 7/2024, dated 25-4-2024 further extending the due date for filing Form 10A/ Form 10AB under the Income-tax Act, 1961 (the 'Act') upto 30th June, 2024. CBDT had earlier extended the due date for filing Form 10A/ Form 10AB by trusts, institutions and funds multiple times to mitigate genuine hardships of the taxpayers. The last such extension was made by Circular No. 6/2023 extending the, date to 30-9-2023. Considering the representations received by CBDT requesting for further extension of due date for filing of such Forms beyond the last extended date of 30-9-2023, and with a view to avoid genuine hardships to taxpayers, CBDT has extended the due date of filing Form 10A/ Form 10AB upto 30th June, 2024, in respect of certain provisions of section 10(23C)/ section 12A/ section 80G/ and section 35 of the Act. CBDT further clarifies that, if any such existing trust, institution or fund had failed to file Form 10A for AY 2022-23 within the extended due date, and subsequently, applied for provisional registration as a new entity and received Form 10AC, can also now avail this opportunity to surrender the said Form 10AC and apply for registration for AY 2022-23 as an existing trust, institution or fund, in Form 10A till 30th June, 2024. It is also clarified that those trusts, institutions or funds whose applications for re- registration were rejected solely on the grounds of late filing or filing under wrong section code, may also submit fresh application in Form 10AB within the aforesaid extended deadline of 30th June, 2024. The applications as per Form 10A/ Form 10AB shall be filed electronically through the e-filing portal of Income Tax Department. The Circular No. 7/2024 is available on www.incometaxindia.gov.in Surabhi Ahluwalia Pr. Commissioner of Income Tax (Media & Technical Policy) & Official Spokesperson, CBDT 6. From the above, it is clear that the assessee’s case is covered by the above CBDT press release. Therefore, the matter in both the appeals is remitted back to the ld. CIT(Exemptions) for fresh consideration and decision as per law. ITA Nos. 736 & 737/Bang/2024 Page 4 of 4 7. In the result, both the appeals are allowed for statistical purposes. Pronounced in the open court on this 13 th day of June, 2024. Sd/- Sd/- ( BEENA PILLAI ) (LAXMI PRASAD SAHU ) JUDICIAL MEMBER ACCOUNTANT MEMBER Bangalore, Dated, the 13 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.