Indian Skills Foundation vs. The Commissioner of Income Tax (Exemption)

Parties Involved

Facts Summary

The assessee, Indian Skills Foundation, filed an application on 04.11.2024 under clause (ii) of the first proviso to sub-section (5) of Section 80G of the Income Tax Act, 1961, seeking approval under section 80G. The application was submitted after the deadline of 30.06.2024, as per CBDT Circular No. 7/2024 dated 25.04.2024. The Commissioner of Income Tax (Exemption) rejected the application on the ground that it was not maintainable due to the delay. The assessee argued that the application should be considered under the new clause (iv) of Section 80G(5), which allows for the application at any time after the initiation of activities.…

Legal Issues

• 1. Whether the application filed by the assessee on 04.11.2024 is maintainable under clause (iv)(B) of the first proviso to Section 80G(5) of the Act?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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