The assessee received provisional approval under s. 80G(5) on 21st Jan., 2022 and it was valid upto asst. yr. 2024-25. It applied for registration under s. 80G on 4th July, 2023, which was before asst. yr. 2024-25. The CIT(E) rejected the application On appeal the Tribunal held that the assessee applied for permanent registration under s. 80G before the expiry of provisional approval, therefore, the application of the assessee was not time-barred. The order under s. 80G is set aside to CIT(E) for de novo adjudication. Speech by the Finance Minister is relevant, followed, K.P. Varghese v. ITO (1981) (1981) 131 ITR 597 (SC), Sole Trustee, Loka Shikshana Trust v. CIT (1975)101 ITR 234 (SC), Indian Chamber of Commerce v. CIT (1975) 101 ITR 796 (SC), Addl. CIT v. Surat Art Silk Cloth Manufacturers Association (1980) 121 ITR 1(SC)
Gender Lab Foundation v. CIT (E) (2024) 230 TTJ 878 / 240 DTR 217 / 38 NYPTTJ 548 (Pune)(Trib)
S. 80G : Donation-Time-limit for filing application for final approval-Existing Trust or institution-Applied for permanent registration under S. 80G before the expiry of provisional approval-The application of the assessee was not time-barred-The order under s. 80G is set aside to CIT(E) for de novo adjudication-Speech of the Finance Minster is relevant. [S.12AB, 80G(5)]