BHAUSAHEB HARNARAYAN RATHI BAHUUDDESHIYA VIKAS FOUNDATION,JALGAON vs. INCOME TAX OFFICER (EXEMPTION), NASHIK, NASHIK

Briefly, the facts of the case are as under: The appellant is a public charitable trust which was duly registered under the Bombay Public Trusts Act and the appellant also applied for Bhausaheb Harnarayan Rathi Bahuuddeshiya Vikas Foundation registration u/s 12A of the Act, which came to be rejected by the CIT(Exemption). The return of income was filed for A.Y. 2019-20 on 21.09.2019 declaring income of Rs.6,55,133/- claiming exemption u/s 11 of the Act. Against the said return of income, assessment was completed by the Assessing Officer i.e. National Faceless Assessment Centre, Delhi (hereinafter referred to as ‘the AO") vide order dated 26.08.2021 u/s 143(3) of the Act at a total income of Rs.12,88,800/-. While doing so, the AO had denied the exemption u/s 11 of the Act on the ground that the assessee was not granted registration u/s 12AA of the Act.

Being aggrieved with the above assessment order, an appeal was filed before the CIT(A), who vide impugned order confirmed the action of AO. Being aggrieved with the same, the appellant society is in appeal before this Tribunal.

The ld. AR submits that the appeal filed by the appellant trust against denial of registration u/s 12A of the Act was restored to the file of CIT(Exemption) for de novo consideration by this Tribunal. Thus, she prayed that this assessment order also be restored to the file of AO with a direction to frame fresh assessment considering the outcome of the remand proceedings passed consequent to this Tribunal order on the issue of registration u/s 12A of the Act, for which the ld. Sr. DR has expressed no serious objection. Accordingly, I remand the matter back to the file of AO with a direction that a fresh assessment order shall be framed considering

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