SHRI JOGNIYA MATA SHAKTIPITH PRABANDH AVM VIKAS SANSTHAN,CHITTORGARH vs. CIT(EXEMPTION), JAIPUR

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ITA 38/JODH/2022Status: DisposedITAT Jodhpur03 November 2022AY 2021-223 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted that the assessee did not submit the required documents and had been given sufficient opportunities. However, to provide one last chance, the appeal was restored to the CIT(Exemption) for a fresh decision on merit.

What were the facts?

The assessee applied for registration under Section 12AA of the Income Tax Act. The CIT(Exemption) rejected the application, stating that the assessee failed to provide sufficient details and documents to establish the genuineness of its charitable activities.

What were the issues?

Whether the CIT(Exemption) was justified in rejecting the application for registration under Section 12AA due to non-submission of documents, and if a further opportunity should be granted.

Which sections of the Income-tax Act were involved?

Section 12AA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JODHPUR BENCH, JODHPUR

Before: SHRI B. R. BASKARAN & SHRI SANDEEP GOSAIN

For Appellant: Smt. Alka Rajvanshi Jain

O R D E R PER: SANDEEP GOSAIN, JM The assessee has filed an appeal against the order of the ld..CIT (Exemption), Jaipur dated 17-03-2021 for the assessment year 2021-22 in the matter of Section 12AA of the Act.

SHRI JOGNIYA MATA SHAKTIPITH PRABAND AVM VIKAS SANSTHAN CHITTORGAH VS CIT (E), JAIPUR 2.1 None appeared on behalf of the assessee on the date of hearing. However, the ld. DR relied upon the order of the ld. CIT(E). 2.2 After hearing the ld. DR and perusing the materials available on record, it is noted that the ld. CIT(E) had dismissed the appeal of the assessee by observing as under:- ‘’5. To decide the matter of seeking registration u/s 12AA, the genuineness of the activities being undertaken by the applicant are also to be examined. The applicant has not submitted any such details and other information as mentioned above. Therefore, it is not known that the applicant is actually carrying out the activities as per its objects ad at the premises mentioned by it in Form 10A. Thus the charitable nature and genuineness of the activities of the applicant could not be established.

6.

Sufficient opportunity has been provided to the applicant to produce details and documents in support of his claim for registration u/s 12AA of the Income Tax Act but applicant have failed to do so. In the light of the above facts, the application seeking registration u/s 12AA is hereby rejected and filed.’’ Thus the Bench observed that the assessee has not submitted the documents as to the claim of registration u/s 12AA of the Act. However, the ld. CIT(E) has provided sufficient opportunity to produce the details and documents concerning the issue in question. Since the assessee is not present on the date of hearing to argue its case for the reason best known to him, therefore, the Bench feels that one more opportunity should be given to the assessee to contest its case before the ld. CIT(E) on merit by submitting the desired documents / details as to the Registration of the Trust u/s 12AA of the Acts. Hence, the SHRI JOGNIYA MATA SHAKTIPITH PRABAND AVM VIKAS SANSTHAN CHITTORGAH VS CIT (E), JAIPUR appeal of the assessee is restored back to the file of the ld. CIT(E) to decide it afresh on merit by providing one more opportunity to contest the case. Thus the appeal of the assessee is allowed for statistical purposes. 3. In the result, the appeal of the assessee is allowed for statistical purposes as pronounced in the open Court on 3-11-2022.

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