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Income Tax Appellate Tribunal, Hyderabad ‘ B ‘ Bench, Hyderabad
Before: Shri A. Mohan Alankamony & Shri S.S. Godara
This assessee’s appeal arises from the CIT(E) Hyderabad’s order dated 28.6.2019 passed in appeal No. CIT(E)/Hyd/36(12)(12A)/2018-19 seeking registration u/s 12A of the I.T. Act, 1961 [in short, ‘the Act’].
Heard both the parties. Case file perused.
It transpires at the outset that the CIT (Exemption)’s order under challenge has denied section 12AA registration to the assessee inter alia on the ground that its Trust Deed dated 16.11.2015 is as unsigned one thereby not containing the signatures of the settler and witnesses. And also that no independent charitable activities have been performed till date.
Learned counsel’s only case before us that the assessee’s trust deed is very much a valid one as against the CIT (E)’s findings. Faced with this situation, we deem it fit and proper to restore this issue to section 12AA registration back to the CIT (E) for his fresh adjudication. The assessee or its AR shall now appear before the learned CIT on or before 31/08/2021 with all the cogent supportive material at its own risk and responsibility to be followed by three effective opportunities of hearing.
This assessee’s appeal is treated as allowed for statistical purposes in above terms. Order pronounced in the Open Court on 7th April, 2021.