SK FOUNDATION,HYDERABAD V. CIT(EXEMPTION), HYDERABAD

ITA 112/HYD/2025

AI Insights

The case involves SK Foundation, a society engaged in health promotion and disability activities, which appealed against the decision of the CIT(E) rejecting their application for renewal of registration under section 80G of the Income Tax Act, 1961. The CIT(E) had rejected the application on technical grounds (incorrect form code) and substantive grounds (lack of substantial charitable activities). The Tribunal found the rejection on technical grounds to be overly stringent and not in line with the principles of natural justice, especially given the society's ongoing charitable activities, including running a 150-bedded hospital.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 708346 (ITAT-HYDERABAD)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-07-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NARENDER KUMAR NAIK
• Assessee Lawyers: R V CHALAM
• Section: 12A; 80G

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD “B” BENCH: HYDERABAD BEFORE SHRI VIJAY PAL RAO, VICE PRESIDENT AND SHRI MANJUNATHA G, ACCOUNTANT MEMBER ITA.No.112/Hyd./2025 Assessment Year 2025-2026 SK Foundation, HYDERABAD – 500 049 PAN AABAM1170F vs. The Commissioner of Income Tax (Exemption), Hyderabad. (Appellant) (Respondent) For Assessee : CA, R V Chalam For Revenue : Sri Narender Kumar Naik, CIT-DR Date of Hearing : 10.07.2025 Date of Pronouncement : 16.07.2025 ORDER PER MANJUNATHA G. : The above appeal has been filed by the Assessee against the Order dated 31.12.2024 of the learned CIT(E), in rejecting the application filed by the assessee in Form-10AB for Registration u/sec.80G of the Income Tax Act, 1961 [in short “the Act”], relating to assessment year 2025-2026. 2. Briefly stated facts of the case are that, the assessee SK Foundation is a society, registered by means of 2 ITA.No.112/Hyd./2025 amendment for change of name on 16.05.2018 by Registrar of Societies, Ranga Reddy District, Telangana State. The society is engaged in chargeable activities includes undertaking health promotion activities and establish hospitals and clinics and to widen the horizon of members on the area of prevention and protection and also undertake disability activities. The society was granted 12A Registration on 22.02.2022 for the assessment years 2022- 2023 to assessment year 2026-2027. The society was also granted registration under section 80G(5)(iv) on 07. 04.2022 for the assessment year 2022-2023 to assessment year 2024-2025. The society has filed Form 10AB on 11.06.2024, for renewal of 80G registration. The learned CIT(E) has rejected the application filed by the assessee for renewal of Registration under section 80G of the Act, on the ground that, the assessee has filed Form 10AB with wrong section code and further, no substantial activities are being carried- out by the assessee society which are charitable in nature, which is in violation of provisions of Section 80G of the Act. 3 ITA.No.112/Hyd./2025 3. Aggrieved by the order of the learned CIT(E), the assessee is now, in appeal before the Tribunal. 4. CA, R V Chalam, Learned Counsel for the Assessee submitted that, the learned CIT(E) is erred in rejecting application filed by assessee in Form 10AB, seeking for registration under section 80G of the Act, on the ground of technicalities and also not considering relevant submissions filed by the assessee, to prove the charitable activity that is carried-out by the society in the past. Learned Counsel for the Assessee further referring the Order of the learned CIT(E) submitted that, the assessee has explained the reasons for filing incorrect code in the application filed for provisional Registration. Further, the CPC itself has issued Registration under clause-(iv) of first proviso to sub-section (5) of Section-80G of the of the Income Tax Act, 1961 [in short \"the Act\"], even though, they should have issued Registration under sub-clause-(i) of first proviso to sub-section-(v) of Section 80G of the Act. Further, the assessee is carrying charitable activities and has established 150 bedded hospital, which falls under the 4 ITA.No.112/Hyd./2025 definition of “Charitable Purpose” in terms of Section 2(15) of the Act. The learned CIT(E) without considering the relevant facts, has simply dismissed the application filed by the assessee. Therefore, he submitted that, a direction may be given to the learned CIT(E) to grant Registration or in the alternative, matter may be remitted back to the file of learned CIT(E) to give another opportunity to the assessee to substantiate it’s case. 5. Shri Narender Kumar Naik, learned CIT-DR, on the other hand, supporting the order of the learned CIT(E) submitted that, when assessee filed an incorrect form with incorrect particulars, then, there is no choice for the CIT(E), but, to reject the application filed by the assessee. Therefore, he submitted that, there is no error in the order passed by the learned CIT(E) and the same should be upheld. 6. We have heard both the parties, perused the material on record and gone through the orders of the authorities below. The learned CIT(E) has rejected the application filed in Form 10AB, seeking for registration 5 ITA.No.112/Hyd./2025 under section 80G of the Act on two grounds. The first reason given by the CIT(E) is, the assessee has filed Form 10AB with wrong section code and was selected clause-(iv) of first proviso to sub-section-(5) of Section 80G instead of clause (i) of first proviso to sub-section-(5) of section 80G of the Income Tax Act, 1961. The second reason given by the learned CIT(E) is that, the assessee has not carried-out any charitable activities. In our considered view, the first reason given by the CIT(E) is technical in nature. If at all, the assessee filed an incorrect application by choosing incorrect code, then, the learned CIT(E) should have directed the assessee to file correct application and consider the application on merits, if such application filed by the assessee is on or before the due date provided under the Act. The second reason given by the learned CIT(E) is contrary to material available on record, which is evident from the details submitted by the assessee and as per the details, the assessee is running 150 bedded hospital for the benefit of public at large and this fact has been ignored by the learned CIT(E), while rejecting the application filed by 6 ITA.No.112/Hyd./2025 the assessee for registration under section 80G of the Act. Further, the assessee society was granted registration under section 12A of the Act, which is in force for the subject assessment year. Therefore, when the assessee society has been granted 12A Registration, after considering the relevant objects and activities, in our considered view, the application filed by the assessee, seeking for Registration under section 80G cannot be rejected on technical reasons, more particularly, when the assessee has explained the reasons for filing application with in correct code. Since the learned CIT(E) rejected the application filed by the assessee society, in a casual manner without considering relevant details filed by the assessee, in our considered view, the issue needs to go back to the file of CIT(E) for fresh consideration. Thus, we set-aside the order of the learned CIT(E) and restore the issue back to the file of CIT(E) for considering the application filed by the assessee in accordance with law, by providing adequate opportunity of hearing to the assessee. Further, we direct the assessee society to file correct Form with proper particulars and the 7 ITA.No.112/Hyd./2025 learned CIT(E) should consider the Revised Form filed by the assessee society, as if the said Form was filed on the date when original Form-10AB was filed by the assessee society seeking for Registration under section 80G of the Act. The learned CIT(E) is also directed to consider relevant details filed by the assessee society to prove the activities carried- out for the previous financial years, while considering the application filed for Registration under section 80G of the Act. 7. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open Court on 16.07.2025. Sd/- Sd/- [VIJAY PAL RAO] [MANJUNATHA G] VICE PRESIDENT ACCOUNTANT MEMBER Hyderabad, Dated 16th July, 2025 VBP 8 ITA.No.112/Hyd./2025 Copy to 1. SK Foundation, Plot No.19, 20, 21, Shilpa Enclave, Vasanth Nagar, Hydernagar, HYDERABAD – 500 049. 2. The Commissioner of Income Tax (Exemption), Aayakar Bhavan, Main Road, Basheerbagh, Hyderabad-500029. 3. The Pr. CIT (Exemptions), Hyderabad 4. The DR ITAT “B” Bench, Hyderabad. 5. Guard File. //By Order// //True Copy// "