NAVPARGANA RAJPUROHIT SAMAJ BHAMDHAM TRUST,SIROHI vs. CIT(EXEMPTION), JAIPUR

PDF · subscribers
ITA 425/JODH/2018Status: DisposedITAT Jodhpur16 August 2021AY 2018-193 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the assessee deserved another opportunity to submit necessary documents. Therefore, the matter was set aside to the CIT(E) to decide the application afresh after providing a reasonable opportunity to the assessee.

What were the facts?

The assessee filed an appeal against the rejection of its application for registration under Section 12AA. The assessee contended that the application was dismissed ex-parte without sufficient opportunities. The Revenue argued that sufficient opportunities were given and the trust's objects were for a specific community, not the public at large.

What were the issues?

Whether the CIT(E) erred in rejecting the registration application without providing sufficient opportunities to the assessee and whether the trust's objects were charitable in nature.

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 SANDEEP GOSAIN, JM & SHRI VIKRAM SINGH YADAV, AM

For Appellant: Shri Rajendra Jain (C.A.)
For Respondent: Smt. Sanchita Kumar (CIT) a Date of Hearing : 12/08/2021
Hearing: 12/08/2021Pronounced: 16/08/2021

Assessee by : Shri Rajendra Jain (C.A.) Revenue by : Smt. Sanchita Kumar (CIT) a Date of Hearing : 12/08/2021 Date of Pronouncement : 16/08/2021 vkns'k@ ORDER PER: VIKRAM SINGH YADAV, A.M.

This is an appeal filed by the assessee against the order of ld. CIT(E), Jaipur dated 15.03.2018 challenging the rejection of its application seeking registration u/s 12AA of the Act.

2.

At the outset, it is noted that there is a delay in filing the present appeal. After hearing both the parties and considering the affidavit placed on record, the delay in filing the present appeal is hereby condone and the appeal is admitted for adjudication.

3.

During the course of hearing, the ld. AR submitted that the application of the assessee has been dismissed ex-parte without providing sufficient opportunities to the assessee. It was accordingly

2 Napargana Rajpurohit Samaj Bhamdham Trust Kalandri vs. CIT(E) submitted that the matter may be set aside to the file of ld. CIT(E) to consider the application of the assessee afresh on merits.

4.

Per contra, the ld. CIT/DR submitted that the assessee was provided sufficient opportunities and given that there is no compliance on part of the assessee and the fact that the application has to be disposed off within the stipulated period, the ld. CIT(E) was left with no option but to decide the application basis material available on record. It was further submitted that the objects of the assessee-trust are for the benefit of particular religious community and therefore, cannot termed as charitable for the benefit of public at large. It was further submitted that the original documents regarding establishment of the trust were also not submitted by the assessee for verification. It was accordingly submitted that there is no infirmity in the order so passed by the ld. CIT(E) and hence, the same may be confirmed and the appeal of the assessee be dismissed.

5.

Having considered the facts and circumstances of the case, we belief that the assessee deserves one more opportunity to submit necessary details and documents in support of its claim for seeking registration U/s 12AA of the Act. Therefore, in the interest of justice and fair play, the matter is hereby set aside to the file of the ld. CIT(E) to decide the same afresh as per law after providing reasonable opportunity to the assessee.

3 Napargana Rajpurohit Samaj Bhamdham Trust Kalandri vs. CIT(E) 6. The assessee is also hereby directed to attend to the proceedings before the ld. CIT(E) and ensure in timely completion thereof as so directed by the ld. CIT(E).

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

Order pronounced in the open Court on 16/08/2021.

More judgments on Section 12AA

All 4,243 judgments and leading authorities on Section 12AA →

Recent GST High Court judgments

Search GST case law →