The CIT(E) rejected the application on the ground that the application is not maintainable. On appeal t he Tribunal held that the assessee is existing society which was provisionally approved under s. 80G(5)(iii) and consequently, the application for the final approval vide Form No. 10AB, dt. 23rd Sept., 2023 is well within the time-limit prescribed under s. 80G(5)(iii) and therefore. If the date of commencement of activity is given weightage, then the date of provisional approval i.e., 5th April, 2023 becomes redundant and infructuous. Form No. 10AB, dt. 23rd Sept., 2023 was filed on or before 30th Sept., 2023, the due date (which was extended by Circular No. 6 of 2023, dt. 24th May, 2023 of CBDT) of filing. Order of the CIT(E) is set aside with direction to pass a fresh order on merits as provided in law. (AY. 2023-24)
Indian Red Cross Society v. CIT (E) (2024) 230 TTJ 206 / 239 DTR 167 / 38 NYPTTJ 557/ 162 taxmann.com 194 (Chd)(Trib)
S. 80G : Donation-Time-limit for filing application for final approval-Form No. 10AB was filed on 23rd Sept., 2023 was well within time i.e., within six months prior to the expiry of the period of provisional approval-Order of the CIT(E) is set aside with direction to pass a fresh order on merits as provided in law. [S.12A(1)(ac)(vi), 80G(5)(iii)]