INDUS FOUNDATION,AHMEDNAGAR vs. COMMISSIONER OF INCOME-TAX, (EXEMPTIONS), PUNE

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ITA 2786/PUN/2017Status: DisposedITAT Pune04 November 20203 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal noted that the assessee did not provide evidence to this Tribunal showing all details were submitted to the CIT(Exemptions). Therefore, the Tribunal granted one more opportunity to the assessee to furnish details.

What were the facts?

The assessee, Indus Foundation, applied for registration under Section 12A of the Income Tax Act. The CIT(Exemptions) rejected the application for lack of verifiable details regarding the trust's activities.

What were the issues?

Whether the CIT(Exemptions) was justified in rejecting the registration application without affording sufficient opportunity to the assessee to furnish details.

Which sections of the Income-tax Act were involved?

Section 12A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, PUNE

Before: SHRI INTURI RAMA RAO & SHRI S.S. VISWANETHRA RAVI

For Respondent: Shri Shekhar L. Gajbhiye

आदेश / ORDER

PER S.S. VISWANETHRA RAVI, JM :

1.

This appeal by the assessee against the order dated 20-09-2017 passed by the Commissioner of Income Tax (Exemptions), Pune.

2.

We find no representation on behalf of the assessee nor any application filed seeking adjournment. Thus, the assessee called absent and set ex-parte. Therefore we proceed to dispose of the case by hearing the ld. DR and perusing the material available on record.

3.

Heard ld. DR and perused the material available on record. We note that the assessee made an application in Form No. 10A seeking registration of the trust u/s. 12A of the Act. In order to verify the same the CIT(Exemptions) called for documents or information from the assessee to verify the genuineness of its activities. According to CIT(Exemptions) no one appeared on behalf of the assessee, but, submissions filed through Post on 17-07-2017. The CIT(Exemptions) observed that no verifiable details in support of the activities of assessee trust have been furnished and in the absence of such requisite details rejected the grant of registration.

4.

The assessee challenged the action of CIT(Exemptions) in holding the assessee could not furnish the details as called for. We find that, though the assessee raised a ground, that all the details filed before the CIT(Exemptions) for his verification regarding the genuineness of assessee but no evidence filed before this Tribunal to show that all the details were submitted before the CIT(Exemptions). Therefore, we deem it proper to afford one more opportunity for the assessee to furnish all the details before the CIT(Exemptions) for his examination. The assessee is liberty to file evidence, if any, in support of grant of registration u/s. 12A of the Act.

Thus, the order of CIT(Exemptions) is set aside and grounds raised by the assessee are allowed for statistical purpose.

5.

In the result, the appeal of assessee is allowed for statistical purpose.

Order pronounced in the open court on 05th November, 2020.

Sd/- Sd/- (Inturi Rama Rao) (S.S. Viswanethra Ravi) ACCOUNTANT MEMBER JUDICIAL MEMBER ऩुणे / Pune; ददनाांक / Dated : 05th November, 2020. RK आदेश की प्रतिलऱपप अग्रेपिि / Copy of the Order forwarded to : अऩीऱाथी / The Appellant. 1. प्रत्यथी / The Respondent. 2. 3. The CIT (Exemptions), Pune ववभागीय प्रतततनधध, आयकर अऩीऱीय अधधकरण, “ए” बेंच, 4. ऩुणे / DR, ITAT, “A” Bench, Pune. गार्ड फ़ाइऱ / Guard File. 5. //सत्यावऩत प्रतत// True Copy// आदेशानुसार / BY ORDER,

तनजी सधचव / Private Secretary, आयकर अऩीऱीय अधधकरण, ऩुणे / ITAT, Pune

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