Saransh Parivar Shri Kunthunath Swami Jain Sangh, Ahmedabad V. The CIT(Exemption), Ahmedabad

ITA 794/AHD/2024

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 6362 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-06-2024
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 18-06-2024
• Assessment Year: misc
• Appeal Filed On: 18-04-2024
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: MEHUL K. PATEL
• Section: 12A

Judgement Text

आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरणआयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण, अहमदाबाद 瀈यायपीठ अहमदाबाद 瀈यायपीठअहमदाबाद 瀈यायपीठ अहमदाबाद 瀈यायपीठ “B”, अहमदाबाद अहमदाबादअहमदाबाद अहमदाबाद । ।। । IN THE INCOME TAX APPELLATE TRIBUNAL “ B ” BENCH, AHMEDABAD ] ] BEFORE MS. SUCHITRA KAMBLE, JUDICIAL MEMBER AND SHRI MAKARAND V. MAHADEOKAR, ACCOUNTNAT MEMBER ITA No.794/Ahd/2024 Assessment Year : - Saransh Parivar Shri Kunthunath Swami Jain Sangh CO A 504, Saransh Ambience Dr. Jivraj Mehta Hospital Road Paldi S.O. Ahmedabad – 380 007 Vs The CIT(E) Ahmedabad PAN: ABATS 0149 M / (Appellant) / (Respondent) Assessee by : Shri Mehul K. Patel, Advocate Revenue by : Shri Sudhendu Das, CIT-DR /Date of Hear ing : 1 9/0 6/202 4 /Da te of Prono u nce me nt: 25/ 06/20 24 आदेश/O R D E R PER SHRI MAKARAND V. MAHADEOKAR, AM: This appeal by the assessee trust is directed against the order of the Ld.Commissioner of Income Tax (Exemptions), Ahmadabad [hereinafter referred to as “the Ld.CIT(E)”], dated 18-03-2024, wherein the application for registration under section 12A of the Income Tax Act, 1961, was rejected. 2. The Assessee has filed following grounds of appeal: ITA No.794/Ahd/2024 Saransh Parivar Shri Kunthunath Swami Jain Sangh vs. The CIT(E) 2 “1. That on facts, and in law, the learned CIT(Exemptions) Ahmedabad has grievously erred in not granting sufficient and reasonable opportunity to the appellant and in rejecting the application u/s 12A(1) . 2. That on facts, and in law, the learned CIT(Exemptions), Ahmedabad has grievously erred in rejecting the application as non-maintainable by holding that it has no power to treat the application under the correct provisions of section 12A(1)(ac) (iii) instead of mistaken application filed u/s 12A(1)(ac) (v) of the Act. 3. The appellant craves leave to add, alter, amend any ground of appeal.” Facts of the case: 3. The assessee-trust had filed an application in Form 10AB on 30.9.2023 for registration under section 12A(1)(ac)(v) of the Act. The Ld.CIT(E) found that the application by the assessee trust was made under wrong sub- clause i.e. sub-clause(v) of clause (ac) of sub-section (1) of section 12A whereas it was required to be filed under sub-clause (iii) of clause (ac) of sub-section (1) of section 12A of the Act. 3.1. In view of the above, the Ld.CIT(E), treated the application non- maintainable and rejected the same. On the grounds of appeal: 4. The Ld.AR submitted that the CBDT vide Circular No.7/2024 has extended the time limit for making applications for approval of exemption under Section 80G(5) of the Act till 30.06.2024. Therefore, in light of the said ITA No.794/Ahd/2024 Saransh Parivar Shri Kunthunath Swami Jain Sangh vs. The CIT(E) 3 circular, the appeal should be allowed by setting aside the order of the Ld.CIT(E) or the matter should be referred back to the file of the Ld.CIT(E). 5. The Ld.DR relied upon the order of the Ld.CIT(Exemption) and did not object to the request of Ld.AR to refer back the matter to Ld.CIT(E). 6. We have heard both the parties and perused all the relevant material available on record. It is pertinent to note that the CBDT vide recent Circular No.7/2024 dated 25-4-2024 has extended the time for making application for approval of exemption under Section 80G(5) of the Act till 30.06.2024. 6.1. Thus, the present appeal filed in respect of rejection of the application filed by the assessee has to be taken inconsonance with the latest Circular No. 7/2024 issued by the CBDT. 6.2. We reproduce the relevant para 4.1 of the said Circular for the sake of clarity - “4.1 Further, in cases where any trust, institution or fund has already made an application in Form No. 10AB, and where the Principal Commissioner or Commissioner has passed an order rejecting such application, on or before the issuance of this Circular, solely on account of the fact that the application was furnished after the due date or that the application has been furnished under the wrong section code, it may furnish a fresh application in Form No. 10AB within the extended time provided in paragraph 3(ii) i.e. 30.06.2024.” 6.3. Since the time limit for application is extended till 30.06.2024, we are hereby, without going into the merits of the case, granting the liberty to the ITA No.794/Ahd/2024 Saransh Parivar Shri Kunthunath Swami Jain Sangh vs. The CIT(E) 4 assessee to make the appropriate application within the stipulated time issued by the CBDT and, therefore, the present appeal is dismissed accordingly. 6.4. In the result, appeal of the assessee is dismissed with the liberty as mentioned in para hereinabove. Order pronounced in the Open Court on 25 June, 2024 at Ahmedabad. Sd/- Sd/- (SUCHITRA KAMBLE) JUDICIAL MEMBER (MAKARAND V. MAHADEOKAR) ACCOUNTANT MEMBER Ahmedabad, Dated 25/06/2024 . ी. य , . . ./T.C. NAIR, Sr. PS ! "# /Copy of the Order forwarded to : 1. "!ी $% / The Appellant 2. &य$% / The Respondent. 3. '(')* य य + / Concerned CIT 4. य य + )"!ी (/ The CIT(E)-Ahmedabad 5. . /ीय )* , य "!ी य ")* , ज /DR,ITAT, Ahmedabad, 6. / 12 3 /Guard file. / BY ORDER, &य ! //True Copy// ह य !'जी (Asstt. Registrar) य "!ी य ")* , ITAT, Ahmedabad 1. Date of dictation (word processed by Hon’ble AM in his laptop) : 20.6 .2024 2. Date on which the typed draft is placed before the Dictating Member. : 20.6.2024 3. Date on which the approved draft comes to the Sr.P.S./P.S : 4. Date on which the fair order is placed before the Dictating Member for pronouncement. : 5. Date on which fair order placed before Other Member : 6. Date on which the fair order comes back to the Sr.P.S./P.S. : 25.6.24 7. Date on which the file goes to the Bench Clerk. : 25.6.24 8. Date on which the file goes to the Head Clerk. : 9. The date on which the file goes to the Assistant Registrar for signature on the order. : 10. Date of Despatch of the Order :