Indian Psychiatric Society Tamilnadu Chapter, Trichy V. CIT Exemptions, Chennai

ITA 911/CHNY/2024

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 1244 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-07-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 23-06-2024
• Assessment Year: misc
• Appeal Filed On: 03-04-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NILAY BARAN SOM LD
• Keywords: Set aside

Judgement Text

आयकर अपीलीय अिधकरण “ए” ायपीठ चे ई म । IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, CHENNAI माननीय ी महावीर िसंह, उपा ! एवं माननीय ी मनोज कुमार अ%वाल ,लेखा सद( के सम!। BEFORE HON’BLE SHRI MAHAVIR SINGH, VP AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपील सं./ ITA No.911/Chny/2024 Indian Psychiatric Society Tamilnadu Chapter, 12B, 10 th Cross East, Thillai Nagar, Tiruchirappalli-620 018. बनाम/ Vs . CIT (Exemption) Chennai. थायीलेखासं./जीआइआरसं./PAN/GIR No. AABAI-0819-D (अपीलाथ /Appellant) : ( थ / Respondent) अपीलाथ कीओरसे/ Appellant by : Shri Girish Kumar (Advocate)- Ld.AR थ कीओरसे/Respondent by : Shri Nilay Baran Som (CIT) -Ld.DR सुनवाईकीतारीख/Date of Hearing : 24-06-2024 घोषणाकीतारीख /Date of Pronouncement : 03-07-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aggrieved by rejection of application filed in Form No.10AB on 27.09.2023 for seeking approval under clause (iii) of first proviso to sub- section (5) of Sec.80G vide impugned order dated 16-03-2024, the assessee is in further appeal before us. 2. From the record, it emerges that the assessee trust filed an application in Form No.10AB on 27.09.2023 seeking registration under clause (iii) of first proviso to sub-section (5) of Sec.80G. It transpired that the assessee trust was incorporated on 09.05.2016 and it commenced its activities on 08.03.2017. The assessee was granted provisional approval in Form No.10AC u/s 80G(5)(iv) for the period commencing from 07.04.2022 to AY 2024-25. The first proviso to Sec. 80G(5), provided timeline for an application to be filed under clause (iii) of first proviso to sub-section (5) of Sec.80G. As per sub-clause (iii) of this proviso, the assessee was required to file this application at least before 6 months prior to expiry of provisional approval or within 6 months from the date of commencement of its activities, whichever is earlier. The said timeline was mandatory in nature. As against this, the assessee filed application on 27.09.2023 which was much after expiry of 6 months from commencement of its activities. Accordingly, it was held by Ld. CIT(E) that the application was time barred and liable to be rejected. 2. From the record, it emerges that the assessee trust commenced its activities on 08.03.2017. The Ld. CIT(E) has rejected the application on the ground that the application was not filed within prescribed timeline. Further, there was no extension for filing of this form. 3. We find that the time limit to file such applications have been extended by CBDT vide recent Circular No.07/24 dated 25-04-2024 extending time limit for all such applications to 30-06-2024. Therefore, there remain no grounds for rejection of application by raising the issue of timeline. 4. Considering the facts and circumstances of the case, we set aside the impugned order and direct Ld. CIT(E) to consider the application on merits without raising the issue of timeline. 5. The appeal stand allowed for statistical purposes in terms of our above order. Order pronounced on 3 rd July, 2024 Sd/- Sd/- (MAHAVIR SINGH) (MANOJ KUMAR AGGARWAL) उपा45 / VICE PRESIDENT लेखा सद7 / ACCOUNTANT MEMBER चे9ई Chennai; िदनांक Dated : 03-07-2024 DS आदेशकीFितिलिपअ%ेिषत/Copy of the Order forwarded to : 1. अपीलाथ /Appellant 2. थ /Respondent 3. आयकरआयुA/CIT Chennai. 4. िवभागीय ितिनिध/DR 5. गाडFफाईल/GF