Rejection of Time-Barred 80G Registration Application: Karnataka HC Upholds ITAT’s Remand Order Considering CBDT’s Extended Deadline [Read Order]
The assessee could file a fresh Form 10AB for 80G registration even after the earlier application was rejected as time-barred, in view of CBDT Circular No. 7/2024 extending the filing deadline to 30.06.2024.
Karnataka HC - Upholds - ITAT - CBDT - taxscan
Karnataka HC - Upholds - ITAT - CBDT - taxscan
The Karnataka High Court upheld Income Tax Appellate Tribunal ( ITAT )’s remand order considering Central Board of Direct Taxes ( CBDT )’s extended deadline, dismissing the Revenue’s appeal and allowing the assessee to file a fresh Form 10AB despite earlier rejection as time-barred for Section 80G registration under Income Tax Act,1961.
The Revenue-appellant appealed against ITAT Bengaluru order dated 06.06.2024. In this case,
CSP Foundation, respondent-assessee, was a charitable trust registered under Section 12A of the Income Tax Act, 1961. It filed Form 10AB on 22.11.2023 to obtain registration under Section 80G, but the Commissioner of Income Tax (Exemptions) [CIT(E)] rejected the application as time-barred.
On appeal, after the CBDT issued a press release on 25.04.2024 extending the filing deadline to 30.06.2024, the Tribunal directed the Commissioner to reconsider the application. The Revenue then challenged the Tribunal’s remand order.
The Senior Standing Counsel, for the Revenue stated that after the press release on 25.04.2024, the CBDT issued Circular No. 7/2024 on the same date, which extended the deadline for filing Form 10AB to 30.06.2024.
Justice S.G Pandit and Justice K.V Aravind observed that Circular No. 7/2024 was on record and allowed the assessee to file a fresh Form 10AB even if the earlier application had been rejected as delayed. Considering this, the Court found no flaw in the tribunal’s remand order and dismissed the appeal.
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