Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Income Tax

ITAT Remands 80G Approval Case: Incorrect Form Selection & Natural Justice Violation

Case Law Details

TaxGuru Citation
2025 taxguru.in 8780
Case Name
Fofaria Family Charitable Trust Vs CIT (Exemption) (ITAT Ahmedabad)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
N.A
Advertisement

Fofaria Family Charitable Trust Vs CIT (Exemption) (ITAT Ahmedabad)

The Income Tax Appellate Tribunal (ITAT), Ahmedabad Bench, adjudicated an appeal filed by the Fofaria Family Charitable Trust against the order of the Commissioner of Income Tax (Exemption) [CIT(E)], which rejected the Trust’s application for regular registration under Section 80G(5) of the Income Tax Act, 1961. The core issue revolved around the Trust’s inadvertent selection of an incorrect clause in the prescribed application form, Form 10AB, and the CIT(E)’s subsequent rejection of the application without a hearing on the merits.

The Trust had initially secured provisional approval under Section 80G(5), which was valid until March 31, 2024. To obtain regular approval, the Trust was required to file Form 10AB under clause (iii) of the first proviso to Section 80G(5). This clause applies to institutions seeking regular approval after receiving provisional approval. However, the Trust twice submitted the application under clause (ii), which is intended for institutions that already possess a regular approval nearing its expiry.

The CIT(E) rejected the application, asserting that the Department lacked the authority or facility to modify the “section code” selected by the applicant in Form 10AB. Because the Trust held only provisional approval, the application filed under clause (ii) (for renewal of existing regular approval) was deemed non-maintainable and rejected without evaluating the charitable activities or merits of the Trust.

Paid content

Become a Premium Member, or log in if you are already a Premium member.

Advertisement

Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 20,910

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.