VIDYA VIKAS ADARSH SANSTHA,NAGPUR vs. COMMISSIONER OF INCOME- TAX ( EXEMPTION ), PUNE

ITA 260/NAG/2018Status: DisposedITAT Nagpur28 March 20198 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that while the CIT's concern regarding the use of trustee's land was noted, the genuineness of the trust's activities was not in doubt. The matter was remanded to the CIT for a fresh examination of the NOCs and affidavits regarding the transfer of rights over the land.

What were the facts?

The assessee, a trust engaged in educational activities, applied for registration under Section 12AA. The CIT (Exemptions) rejected the application, citing concerns about the genuineness of charitable activities due to the construction of a building on land owned by a trustee, funded by the trust's surplus funds.

What were the issues?

Whether the construction of a building on a trustee's land using trust funds, without clear documentation of land transfer, impacts the genuineness of the trust's charitable activities for the purpose of registration under Section 12AA.

Which sections of the Income-tax Act were involved?

Section 12AA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, NAGPUR BENCH, NAGPUR

Before: SHRI D. KARUNAKARA RAO, AM & SHRI VIKAS AWASTHY, JM

For Appellant: Shri Naresh Jakhotia, CA
Hearing: 25.03.2019Pronounced: 28.03.2019

PER D. KARUNAKARA RAO, AM: This appeal is filed by the assessee against the order of the Commissioner of Income Tax (Exemptions), Pune [in short “the CIT (Exemptions)”] dated 26.09.2018 passed u/s 12AA of the Act, 1961. In this order, the CIT (Exemptions), Pune rejected the registration under the said sub–section of the Act.

2

2.

The grounds raised by the assessee are as under :- “1. That the order passed by the CIT (Exemption) is perverse, illegal & against the settled provision of law, more particularly when the learned authorities have c

The order continues below.

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