Late Application for Registration u/s 80G(5) withdrawn: ITAT directs CIT(E) to consider Fresh Application [Read Order]

Following the extension provided by CBDT Circular No. 7/2024, the Trust submitted a new application and requested to withdraw the appeal, which the tribunal allowed

In the recent ruling, the Ahmedabad Bench of Income Tax Appellate Tribunal ( ITAT ) directed Commissioner of Income Tax (Exemption) [CIT(E)] to consider a fresh application for registration under Section 80G(5) of the Income Tax Act, 1961, after the appeal filed by Aadthakkar Parivar Devasthan Trust was withdrawn.  Aadthakkar Parivar Devsthan Trust, the appellant-assessee, appealed against the order dated 01-11-2023 issued by the CIT(E)], which rejected its registration under Section 80G(5) of the Act, 1961, for the late submission of the application. Income Tax Mastery: Unleash Your Expertise with us Section 80G(5) of the Income Tax Act, 1961, provides tax deductions for donations made to certain charitable institutions and trusts, provided these entities are registered under this section. To qualify, the institution or trust must meet specific conditions laid out by the law, such as ensuring that funds are used exclusively for charitable purposes and maintaining proper accounts. Registration under this section allows donors to claim tax deductions on their contributions, promoting philanthropy in compliance with the Act. Shri Divyang Shah appeared for the assessee. The counsel stated in a submission dated 25-09-2024 that, pursuant to CBDT Circular No. 7/2024 dated 25-04-2024, the time limit for filing the application for registration under Section 80G(5) of the Act was extended to 30-06-2024. Income Tax Mastery: Unleash Your Expertise with us The assessee Trust filed a fresh application on 14-06-2024, bearing acknowledgment no. 433617330140624, and requested to withdraw the present appeal. Shri Prithviraj Meena, who represented the Revenue, expressed no objection to the withdrawal of the above appeal. The two member bench comprising T.R. Senthil Kumar (Judicial Member) and Makarand V.Mahadeokar(Accountant Member) recorded the statements of both parties and dismissed the appeal filed by the assessee as withdrawn, directing the CIT(E) to consider the fresh application for registration under Section 80G(5) of the Act. In conclusion, the appeal filed by the assessee was dismissed.

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