The Trust had commenced its activities from 4-3-1974. The assessee received provisional approval u/s 80G(5) on 19-8-2022 for the period up to AY. 2025-26. The Assessee Trust filed application for final registration in Form No. 10AB on 27-3-2023. The CIT(E) rejected the application on the ground that the application is barred by limitation. On appeal the Tribunal held that applying the Harmonious interpretation the time limit for applying for regular registration for existing trust is six months of the expiry of provisional registration. Accordingly the order of CIT(E) rejecting the application is set aside for de novo consideration. Referred the budget speech of the FM, K.P. Varghese v. ITO (1981)131 ITR 597 (SC) (ITA No. 1177 /Pun/ 2023 dt. 5-1-2024)
Shri Kailash Math Trust v. CIT(E) (2024) Chamber’s Journal-March 114 (Pune)(Trib) Editorial : Followed in Saaksh Foundation v. CIT(E) (2024) 207 ITD 671 (Mum)(Trib)
S. 80G : Donation-Existing Trust-Time limit for provisionally registered Trust for seeking regular registration-Harmonious interpretation-The time limit for applying for regular registration for existing trust is six months of the expiry of provisional registration. [S.12AA, 80G(5), Form 10AB]
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