Assessee trust is an old Trust which was registered on 6-3-2004. It was granted provisional approval under section 80G(5) on 26-10-2022 and filed application for grant of final approval under section 80G(5) on 28-3-2023. Commissioner (E) held that benefit of circular No. 6/2023 dated 24-5-2023 of CBDT for filing belated application under clause (i) of first proviso to section 80G(5) was available till 30-9-2022 only and since assessee did not file application under section 80G(5) within time limit, application was to be rejected. Since assessee trust had filed application for grant of final approval under section 80G(5) within a period of six months from date of grant of provisional registration and it could have filed application for grant of registration under section 80G(5) in Form 10AB up to 30-9-2023 in view of extension granted to registration of trust under section 12A till 30-9-2023, application for grant of final registration under section 80G(5) could not be denied only on ground that same was not filed before 30-9-2022.
Navsari Agricultural University. v. CIT (2024) 208 ITD 521 (Ahd) (Trib.)
S. 80G : Donation-Provisional approval-Commenced it’s activities prior to amendments brought in grant of registration of trust effective from 1-4-2021-Filed application for grant of final approval under section 80G(5) within a period of six months from date of grant of provisional registration within extended timeline upto 30-9-2023-, Application could not be denied on ground that same was not filed before 30-9-2022 as per Circular No. 6/2023, dated 24-5-2023.[S. 12A,80G(5), Form No 10A]