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Bangalore ITAT Quashes Section 80G Approval Rejection considering extension circular

Case Law Details

TaxGuru Citation
2024 taxguru.in 3250
Case Name
Carers World Wide Vs CIT (ITAT Banglore)
Date of Judgement/Order
Only available for paid members
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Carers World Wide Vs CIT (ITAT Banglore) 

In a significant ruling, the Income Tax Appellate Tribunal (ITAT) in Bangalore has quashed the order of the Commissioner of Income Tax (CIT) (Exemptions), which had rejected the approval under Section 80G of the Income Tax Act, 1961, for Carers Worldwide. This decision comes in light of the Central Board of Direct Taxes (CBDT) extending the deadline for filing Form 10AB.

Carers Worldwide, an organization that provides support to unpaid carers, had been granted provisional approval under Section 80G of the Income Tax Act via Form 10AC, effective from October 15, 2021, to the Assessment Year 2024-25. The organization subsequently filed an application in Form 10AB on November 3, 2023, to regularize this approval. However, the CIT (Exemptions) rejected this application on the grounds that it was filed belatedly as per the proviso to Section 80G(5) of the Act.

Aggrieved by the CIT’s decision, Carers Worldwide appealed to the ITAT. The organization’s representative argued that the CBDT had extended the due date for filing Form 10A/10AB to June 30, 2024, as per a press release dated April 25, 2024. They contended that this extension covered their case, and hence, the CIT’s rejection should be reconsidered.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 19,712

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