Our Shoulders Foundation Vs CIT (Exemptions) (ITAT Chennai)
The appeal concerns an order dated 25.02.2025 passed by the Commissioner of Income Tax (Exemptions), Chennai [CIT(E)] for the assessment year 2024-25, wherein the assessee’s application for approval under Section 80G was rejected. The sole issue before the Tribunal is whether the assessee’s delayed application in Form 10AB should have been rejected on grounds of limitation or treated as a valid application in light of the amended provisions of Section 80G.
The assessee submitted Form 10AB on 10.09.2024 seeking final registration under Section 80G(5)(iii). The CIT(E) rejected the application, holding that it was due to be filed by 30.06.2024 and that the delay could not be condoned as no authority existed for condonation. The assessee argued that the delay of 71 days constituted a case of genuine hardship and that the CIT(E) possessed inherent powers similar to the condonation powers available for delayed applications under Section 12A. It was further submitted that the Tribunal itself could direct condonation of delay and that denial of registration caused substantial injustice. The assessee also relied on the amendment to Section 80G introduced by the Finance Act, 2024, particularly clause (iv) of the first proviso to Section 80G(5), and on earlier Tribunal decisions where similar delays were condoned.
