The assessee received provisional approval under S. 80G(5) by order dt. 9th July, 2021 for the period from assessment years 2021-22 to 2023-24 and dt. 22nd Sept., 2022 for the period from Assessment years 2023-24 to 2025-26. Therefore the application in Form No. 10AB filed by the assessee on 8th April, 2023 is within the time-limit allowed under cl. (iii) of first proviso to S. 80G(5).Even otherwise, the provisional approval is effective upto asst. yr. 2025-26 and the CIT(E) has not mentioned about any violation.Therefore, the rejection is not valid. CIT(E) is directed to treat the application as filed within statutory time and verify assessee’s eligibility for approval as per the provisions of the Act.
T.B. Lulla Charitable Foundation v.CIT (E) (2024) 227 TTJ 858 / 236 DTR 61 / 162 taxmann.com 75 38 NYPTTJ 48 (Pune) (Trib)
S. 80G : Donation-Provisional registration-Time for filing application for regular registration-Words “or within six months of commencement of its activities, whichever is earlier”-The provisional approval is effective up to assessment year 2025-26-Directed to treat the application as filed within statutory and allow approval as per the law. [S.80G(5)]