Action For Impact Foundation Vs CIT (ITAT Pune)
Summary: The Income Tax Appellate Tribunal (ITAT) Pune has set aside the rejection of an application for regular registration under section 80G(5) filed by the Action For Impact Foundation. The application, initially dismissed by the CIT (Exemption) for not being filed within the statutory timeline, was sent back for fresh adjudication by ITAT. The Tribunal noted that the delay in filing Form No. 10AB should not be fatal given the peculiar facts. The matter restored to the file of CIT(E) to reconsider it on merits, directing that the application be treated as filed on time.
1. Facts of the Case
Action For Impact Foundation, Pune, had obtained provisional approval under section 80G(5) of the Income Tax Act on 24 May 2022, with the period extending up to Assessment Year 2025-26. The foundation commenced its activities on 13 January 2022 and subsequently filed an application for regular approval under section 80G(5) in Form No. 10AB on 18 September 2024. However, the CIT (Exemption), Pune, rejected the application, holding that it was filed after the statutory deadlines prescribed under clause (iii) of the first proviso to section 80G(5), and citing that he lacked the power to condone the delay.
