Shree Ji Sewa Sansthan Lawa Vs CIT Exemption (ITAT Jaipur)
ITAT Jaipur held that time limit of filling the application for recognition u/s. 80G of the Act has been extended by the Board. Accordingly, benefit extension provided and matter restored to file of CIT(E).
Facts- The assessee filed online application in Form No. 10AB seeking approval u/s 80G was filed on 30.09.2023. A letter/notice dated 25.01.2024 was issued at the e- mail/address provided in the application requiring the assessee to submit certain documents/explanations by 05.02.2024.
Notably, in the present case, the applicant/assessee is provisionally registered u/s clause (iv) of first proviso to sub-section (5) of sec. 80G of the Act and therefore, the applicant/assessee was required to file application in Form No. 10AB u/s clause (iii) of first proviso to sub-section (5) of sec. 80G of the Act within the time period of at least six months prior to expiry of period of the provisional approval or within six months of commencements of its activities, whichever is earlier. From the provisions of clause (iii) of first proviso to sub-section (5) of sec. 80Gof the Act, it is evident that the time limits prescribed therein is mandatory and the Commissioner of Income Tax has no power to condone the delay in filing application in Form No. 10AB. Based on those observations the application of the assessee was rejected as the same was not filed within the statutory time limit.
