KAILASH KUNJ DWADASH JYOTIRLING CHARITABLE TRUST,LUCKNOW vs. COMMISSIONER OF INCOME TAX (E), LUCKNOW
What did the Tribunal hold?
The Tribunal found that all documents were furnished, but lacked the required signatures. Therefore, the CIT's order was set aside, and the matter was restored for fresh decision, with a direction for the assessee to submit duly signed documents.
What were the facts?
The assessee trust applied for registration under section 12A of the Income Tax Act. The CIT (Exemptions) rejected the application because the bye-laws/memorandum were not signed by the authorized signatory.
What were the issues?
Whether the application for registration under Section 12A can be rejected solely on the ground of unsigned bye-laws/memorandum, and if the defect is curable.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, LUCKNOW BENCH “A”, LUCKNOW
Before: SHRI. A. D. JAIN & SHRI T. S. KAPOOR
PER A. D. JAIN, V.P.: This is assessee’s appeal against the order of the ld. CIT (Exemptions), Lucknow, dated 30/7/2019, refusing grant of registration under section 12A of the Income Tax Act, 1961. 2. The facts of the case are that the assessee filed an application for registration under section 12A(1) of the Income- tax Act, 1961 in Form 10A on 8/1/2019 with the CIT (Exemptions), Lucknow. The ld. CIT (Exemptions) rejected the application of the assessee, vide his order dated 30/8/2019, observing, as under: “4. From a perusal of the documents filed in the written submission, it is noticed that the copy of the bye- laws/memorandum, is not signed/certified by the Authorized Signatory of the trust. Thus, compliance to Rule 17A (1)(a) &
17A(1)(c) has not been made. To that extent, the application u/s 12A(1) is deficient.”
Heard. We find that the applicant society had furnished all the documents as sought for by the ld. CIT (Exemptions), for registration under section 12A of the Act, but the documents so furnished, were without the signature of the authorized signatory of the society/trust. This was the sole reason for rejecting the application for registration under section 12A of the Act. We, therefore, in the interest of justice, set aside the order of the ld. CIT (Exemptions) and restore the matter to his file with a direction to re-decide the same afresh. The assessee is also directed to furnish the documents duly signed by the authorized signature of the society/trust.
In the result, the appeal of the assessee is treated as allowed for statistical purposes. Order pronounced in the open Court on 10/01/2020.
More judgments on Section 12A
- Desire Foundation, Jaipur vs Income Tax Officer, JaipurITA 1646/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Sanskardham Nandan, Mehsana vs CIT(Exemption), AhmedabadITA 2980/AHD/2026[2025-26]Status: Disposed16 Oct 2026AY 2025-26
- Global University Foundation, Hyderabad vs CIT(Exemption), HyderabadITA 777/HYD/2026[2026-27]Status: Disposed16 Oct 2026AY 2026-27
- Global University Foundation, Hyderabad vs CIT(Exemption), HyderabadITA 776/HYD/2026[2026-27]Status: Disposed16 Oct 2026AY 2026-27
- Shiva Shiksha Samiti, Deendayal Puram, Up… vs Income-Tax Officer, Ward-Exemption, Agra…ITA 415/AGR/2026[2017-18]Status: Disposed15 Oct 2026AY 2017-18
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