Mitramandal Charitable Trust, Vadodadra V. The Commissioner of Income tax(Exemption), Ahmedabad

ITA 90/AHD/2024

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 1764 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-06-2024
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 03-06-2024
• Assessment Year: misc
• Appeal Filed On: 17-01-2024
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 80G

Judgement Text

ITA No.90/Ahd/2024 Assessment Year: Nil Page 1 of 4 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “A” BENCH, AHMEDABAD BEFORE Ms. SUCHITRA KAMBLE, JUDICIAL MEMBER AND SHRI NARENDRA PRASAD SINHA, ACCOUNTANT MEMBER ITA No.90/Ahd/2024 Mitramandal Charitable Trust,11, Gangapark Raw House, Pashabhai Park, Race Course, Vadodara- 390007 Gujarat. [PAN – AAGTM1823R Vs. Commissioner of Income Tax (Exemption), Ahmedabad. (Appellant) (Respondent) Assessee by Shri Samir Parikh, AR Revenue by Shri Arvind Kumar, CIT (DR) Date of Hearing 04.06.2024 Date of Pronouncement 07.06.2024 O R D E R PER SHRI NARENDRA PRASAD SINHA, AM: The present appeal is filed by the applicant trust against the order dated 24.11.2023 passed by the Commissioner of Income Tax (Exemption) Ahmedabad, (in short ‘the CIT(Exemption)’), rejecting the application for approval u/s. 80G(5)(iii) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’). 2. The application for approval of the Trust under clause (iii) of first Proviso to Sub-Section (5) of Section 80G of the Income Tax Act, 1961 was received in Form No.10AB electronically by the CIT(Exemption) and as per the data available in ITBA the same was filed on 18.05.2023. The ld. CIT(Exemption) observed that the assessee had got provisional approval u/s 80G(5) of the Act and, therefore, was required to file application in Form 10AB within the time period of at least six months prior to the expiry of the ITA No.90/Ahd/2024 Assessment Year: Nil Page 2 of 4 period of provisional approval or within six months of commencement of its activities, whichever was earlier. As the application was filed belatedly by the assessee the CIT(Exemption) issued notice on 05.10.2023 calling for an explanation of the assessee in this regard. There was no compliance to the said notice by the assessee. The CIT(Exemption) has observed that the applicant trust was required to file the application in Form 10AB on or before 30/09/2022. As the present application was filed belatedly on 18.05.2023 in Form No.10AB under Section 80G(5) of the Act, the same was rejected by the ld. CIT(Exemption) as non-maintainable. 3. 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, the applicant trust may be allowed to make the application as per the said Circular and the present appeal be disposed of with the said liberty granting to the applicant trust. 4. The Ld. DR relied upon the order of the CIT(Exemption). 5. 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 25th April, 2024, has allowed another opportunity for grant of approval u/s. 80G(5)(iii) of the Act by extending time limit for filing the application in Form No. 10AB till 30.06.2024. The assessee has also submitted that it will exercise the option of filing new application for registration within this extended time limit.Thus, the present appeal filed in respect of dismissal of the applications filed by the assessee under Section 80G(5) of the Act has to be taken inconsonance with the latest Circular issued by the CBDT dated 25 th April, 2024. Since the time limit for application is extended till 30.06.2024, we are hereby granting the liberty to the assessee to ITA No.90/Ahd/2024 Assessment Year: Nil Page 3 of 4 make the appropriate application within the stipulated time issued by the CBDT and, therefore, the present appeal is dismissed accordingly. 6. In the result, appeal of the assessee is dismissed with the liberty as mentioned in para-5 hereinabove. Order pronounced in the open Court on this 7 th June, 2024. Sd/- Sd/- (SUCHITRA KAMBLE) (NARENDRA PRASAD SINHA) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad : Dated 07/06/2024 आदेशक त ल पअ े षत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order/आदेशसे, उप/सहायकपंजीकार आयकरअपील यअ धकरण, अहमदाबाद