LOVE AND CARE FOUNDATION,NEW DELHI vs. CIT EXEMPTION , NEW DELHI
PERSUDHIR KUMAR, JUDICIAL MEMBER:
The assessee preferred the captioned appeals, challenging the order dated 28.03.2024 passed by the Commissioner of Income Tax
(Exemption), Delhi(In short “CIT(E)”) pertaining to assessment order for 2025-26. Assessee by None
Department by Sh. Mukseh Jha,CIT DR
Date of hearing
30.06.2025
Date of pronouncement
30.06.2025
The assessee has raised following grounds of appeal :- 1. That the company LOVE AND CARE FOUNDATION was formed on 31 August 2017 u/s 8 of the companies Act 2013 vide CIN NO U74999DL2017NPL321477
That as per sec. 8 of the Companies Act 2013, the companies which are to be registered should carry out charitable objects which are contained in MOA Form No INC.13
3 That it was granted a Provisional Registration on 30-11-
2022
According to FORM
10AC where
URN
AADCL3765HE2022101 was allotted and is applicable from Assessment year 2023-24 to A.Y. 2025-26
4 That as per FORM 10AC the registration was granted subject to fulfilling certain conditions and which were complied time to time.
5 That as per Serial No 10(j) of the above FORM, the trust or institution shall apply for registration within 6 months of commencement of the activities or at least 6 months prior to the expiry of period of provisional registration, whichever is earlier.
6 That the Trust had applied for registration u/s 12AB in FORM
10AB on 18.09.2023
vide ack, no 3
268302790180923 and replied to the notices issued time to time.
7 That finally a notice issued on 18.03.24 to submit final reply and the assessee replied on 21.03.24 but the registration was rejected and FORM 10AD was issued on 28.03.24
8 That the ground of rejection u/s 12AB where provisional registration vide no AADCL3765HE20221 was also cancelled were as follows :-
(1) The Applicant company had not carried out any charitable activity during 2020-21, 2021-22 and 2022-23
(ii) The company has incurred expenses under the head other expenses and the same were related to bank charges
(iii) The applicant has not carried out any charitable activity during the previous year and has failed to file any details that the trust society is involved in charitable activity 9 The provisions of section 12AB(1) (b) of the Act stipulate the following conditions for registration where it was mentioned that where the application is made under sub-clause (ii) or sub clause (iii) or sub clause (iv) or sub 4
clause (v) [ or item (B) of sub-clause (vi)] of the said clause
(0) Call for such documents or information from the trust or institution or make such inquiries as he think necessary in order to satisfy himself about-(A) The genuineness of activities of the trust or institution and (B) Compliance of such requirement of any other law for the time being in force by the trust or institution as are material for the purpose of achieving its objects.
10 That in reply to above I have to state here under the followings :-
(1) That the objects of the trust are charitable in nature as per license issued U/S 8(1) of the companies act 2013 for which license no 109864 has been allotted by the