Charotar Seva Trust Vasad Vs CIT(Exemption) (ITAT Ahmedabad)
The case involves Charotar Seva Trust’s appeal against the Commissioner of Income Tax (Exemption), Ahmedabad, for rejecting their application under Section 80G(5)(iii) of the Income Tax Act, 1961. The trust had earlier obtained provisional approval but failed to file the application for final approval (Form 10AB) within the stipulated time, leading to rejection by the CIT(Exemption). During proceedings, the trust’s representative informed the Income Tax Appellate Tribunal (ITAT) Ahmedabad that the delay in filing had subsequently been condoned, and final approval under Section 80G(5) was granted as per a CBDT Circular. Consequently, the trust sought withdrawal of its appeal, to which the Revenue raised no objection. Considering these developments, the ITAT dismissed the appeal as withdrawn. The case underscores the importance of adhering to procedural timelines while also highlighting relief measures available under CBDT guidelines for condoning delays.
FULL TEXT OF THE ORDER OF ITAT AHMEDABAD
The present appeal is filed by the applicant trust against the order dated 27.02.2024 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’).
