SAFALA,ANGUL vs. C.I.T.(EXEMPTIONS), HYDERABAD

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ITA 178/CTK/2019Status: DisposedITAT Cuttack17 February 2020AY 2019-202 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the CIT(E)'s order, finding that the assessee failed to fulfill the conditions for registration under Section 12AA and approval under Section 80G. The assessee did not maintain separate books of account for its activities.

What were the facts?

The assessee appealed against the rejection of registration under Section 12AA and approval under Section 80G. The CIT(E) rejected the applications because the assessee failed to furnish books of account, bills, vouchers, and details of donations, making the genuineness of activities unverifiable.

What were the issues?

Whether the assessee fulfilled the conditions for grant of registration under Section 12AA and approval under Section 80G, particularly regarding the submission of proper documentation and verification of activities.

Which sections of the Income-tax Act were involved?

Section 12AA,Section 80G

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL,

Before: SHRI & LAXMI PRASAD SAHU & LAXMI PRASAD SAHU & LAXMI PRASAD SAHU

For Appellant: Shri P.K.Sahu, AR
For Respondent: Shri M.K.Gautam
Pronounced: 17/0

O R D E R Per C.M.Garg,JM C.M.Garg,JM is filed by the assessee against the order dated ITA No.178/CTK/2019 is filed by the assessee against the order dated 25.3.2019 of the ld CIT (E) rejecting the grant of registration u/s.12AA of the Act. 25.3.2019 of the ld CIT (E) rejecting the grant of registration u/s.12AA of the Act. 25.3.2019 of the ld CIT (E) rejecting the grant of registration u/s.12AA of the Act. is filed by the assessee against the order dated ITA No.179/CTK/2019 is filed by the assessee against the order dated ITA No.179/CTK/2019 is filed by the assessee against the order dated 25.3.2019 of the ld CIT (E) rejecting the approval u/s. 80G of the Act. 25.3.2019 of the ld CIT (E) rejecting the approval u/s. 80G of the Act. 25.3.2019 of the ld CIT (E) rejecting the approval u/s. 80G of the Act.

3.

We have heard the rival submissions and perused the record of the case. We have heard the rival submissions and perused the record of the case. We have heard the rival submissions and perused the record of the case. The ld CIT(E) has rejected the grant of The ld CIT(E) has rejected the grant of registration u/s.12A registration u/s.12AA pf the Act and approval u/s.80 G of the Act mainly on the ground that the assessee has violated approval u/s.80 G of the Act mainly on the ground that the assessee has violated approval u/s.80 G of the Act mainly on the ground that the assessee has violated Rule 17A of the income Tax Rules by not furnishing books of account and bills and Rule 17A of the income Tax Rules by not furnishing books of account and bills and Rule 17A of the income Tax Rules by not furnishing books of account and bills and vouchers, for which, the genuineness of the activities vouchers, for which, the genuineness of the activities vouchers, for which, the genuineness of the activities could not be verified. Similarly, the assessee could not furnish the details of donations & contributions Similarly, the assessee could not furnish the details of donations & contributions Similarly, the assessee could not furnish the details of donations & contributions received with full address, names, date and mode of receipt alongwith counterfoils received with full address, names, date and mode of receipt alongwith counterfoils received with full address, names, date and mode of receipt alongwith counterfoils of receipt books. Perusal of the impugned orders, we also note th of receipt books. Perusal of the impugned orders, we also note th of receipt books. Perusal of the impugned orders, we also note that the assessee P a g e 1 | 2 has not filed the returns of income though the gross receipts exceed the maximum amount which is not chargeable to income tax in contravention to the provisions of Income tax.

4.

Before us, except assailing the orders of the ld CIT(E), ld A.R. could not controvert the findings of the ld CIT(E). We find that none of conditions stipulated for grant of registration u/s. 12AA of the Act and for approval u/s. 80G of the Act have been fulfilled by the assessee. The assessee has not maintained separate books of account in respect of its activities. Therefore, we do not find any infirmity in the orders of ld CIT (E) and we uphold the same.

5.

In the result, both the appeals of the assessee are dismissed.

1.

Order pronounced on 17 /02/2020. Sd/- sd/- (Laxmi Prasad Sahu) (Chandra Mohan Garg) ACCOUNTANT MEMBER JUDICIAL MEMBER Cuttack; Dated 17 /02/2020 B.K.Parida, SPS Copy of the Order forwarded to : 1. The Appellant : SAFALA, At: Nilikanthapada, PO: Kudgoan, Athmalik, Angul 2. The Respondent. CIT (Exemptions), Hyderabad 3. The CIT(A)-, Bhubaneswar 4. Pr.CIT- , Bhubaneswar 5. DR, ITAT, Cuttack 6. Guard file. //True Copy//

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