GAUTAM LABDHI MEDICAL AND RESEARCH CHARITABLE TRUST,PUNE vs. CIT (EXEMPTION), PUNE

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI MANISH BORAD, ACCOUNTANT MEMBER AND SHRI VINAY BHAMORE, JUDICIAL MEMBER आयकर अपील सं. / ITA No.1031/PUN/2026 िनधा�रण वष� / Assessment Year : 2023-24 Gautam Labdhi Medical and Vs. DCIT, Exemption Research Charitable Trust, Circle, Pune. 2nd Floor, W. No.-06, Sr. No.52, H.No.6/256, Shri Ram Nagar Soc., Kharadi, Pune- 411014. PAN : AAETG3129Q Appellant Respondent Assessee by : Shri Suhas P. Bora & Shri Sampada Ingale Revenue by : Shri Rajesh Haladkar Date of hearing : 30.06.2026 Date of pronouncement : 29.07.2026 आदेश / ORDER PER VINAY BHAMORE, JM: This appeal filed by the assessee is directed against the order dated 11.02.2026 passed by Ld. CIT(A)/NFAC for the assessment year 2023-24. 2. The appellant has raised the following grounds of appeal :- “The following grounds are taken without prejudice to each other - On facts and in law

2 ITA No.1031/PUN/2026 1. The Ld. AO as well as the Ld. CIT(A) erred in confirming the addition of Rs.83,76,118/- solely on the basis that the appellant did not have valid registration u/s 12A of the Act without appreciating the fact that the cancellation order of the appellant's registration u/s 12A was restored back by the Hon'ble ITAT to the CIT(Exemptions) for fresh adjudication. 2. The Ld. CIT(A) failed to appreciate that once the cancellation order was set aside, the matter had not attained finality and, therefore, the registration could not be treated as non-existent for the year under consideration. 3. The Ld. CIT(A) failed to appreciate that in absence of final adjudication cancelling the registration, the benefit of registration could not be denied and the action of the Ld. AO in treating the appellant as unregistered was premature, unjustified and contrary to law. 4. Without prejudice to the above, the Ld. AO has erred on facts and in law while denying the benefit of S. 11(1)(d) without appreciating the fact that the appellant is a Trust and income in the form of voluntary contributions made with a specific direction that they shall form part of the corpus of the trust or institution and maintained specifically for such corpus should not be included in the total income of the trust. Even in case of unregistered Trusts, the corpus donations will not be taxable, them being capital receipts. 5. Without prejudice to the above, the Ld. AO as well as the Ld. CIT(A) erred in law and on facts in confirming the addition of entire gross receipts Rs.83,76,118/- without allowing deduction of expenditure incurred for carrying on activities pertaining to the objects of the appellant trust. It is settled law that only real income can be taxed, even in cases where exemption is disputed. The impugned order therefore violates fundamental principles of income computation. 6. The appellant craves leave to add, alter, amend, or delete any of the above grounds of appeal.” 3. Facts of the case, in brief, are that the assessee is a trust and has furnished its return of income on 30.10.2023 by declaring income of Rs.Nil after claiming exemption u/s 11 of the IT Act.

3 ITA No.1031/PUN/2026 The case was selected for scrutiny and notices u/s 143(2) and 142(1) and show cause notice respectively were issued to the assessee. The Assessing Officer found that the application for registration u/s 12A/12AB of the IT Act has been rejected by Ld. CIT, Exemption and therefore, the assessee is not entitled to claim exemption u/s 11 of the IT Act. Accordingly, the Assessing Officer vide order dated 17.02.2025 completed the assessment u/s 143(3) r.w.s. 144B of the IT Act by determining the income of the assessee at Rs.83,76,118/- as against income of Rs.Nil returned by the assessee. The above assessed income includes addition of Rs.83,76,118/- being gross receipts of the assessee trust. 4. Being aggrieved with the above assessment order, the assessee preferred an appeal before Ld. CIT(A)/NFAC. Since the assessee remained absent, Ld. CIT(A)/NFAC dismissed the appeal filed by the assessee. 5. It is the above order against which the assessee is in appeal before this Tribunal. 6. We have heard Ld. Counsel form both the sides and perused the material available on record including the paper book and the

4 ITA No.1031/PUN/2026 application for admission of additional evidence furnished by the assessee. In this regard, we find that it is the contention of the assessee that earlier exemption u/s 11 was denied and whole of the receipts were treated as income, since application for registration u/s 12A was dismissed by Ld. CIT, Exemption, however, subsequently on the direction of the Tribunal, Ld. CIT, Exemption, Pune vide order dated 27.03.2026 granted registration u/s 12AB of the IT Act to the assessee and therefore, now in the light of copy of registration certificate u/s 12AB which is an additional evidence, the addition made by the Assessing Officer deserves to be deleted. 7. In this regard, we find that the assessee could not furnish copy of registration certificate u/s 12AB of the IT Act which is dated 27.03.2026, since it was not available either on the date of passing of assessment order or at the time of passing of first appellate order, therefore, we deem it appropriate to admit the additional evidence furnished by the assessee and set-aside the ex-parte order passed by Ld. CIT(A)/NFAC and restore the matter back to the file of the Assessing Officer to pass assessment order de novo after considering the copy of registration certificate u/s 12AB of the IT

5 ITA No.1031/PUN/2026 Act, which is valid for the period – A.Y. 2023-24 to A.Y. 2032-33. Needless to say that the Assessing Officer shall pass the assessment order after providing reasonable opportunity of hearing to the assessee. Thus, the grounds of appeal raised by the assessee are allowed for statistical purposes. 8. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on this 29th day of July, 2026. Sd/- Sd/- (MANISH BORAD) (VINAY BHAMORE) ACCOUNTANT MEMBER JUDICIAL MEMBER पुणे / Pune; �दनांक / Dated : 29th July, 2026. Sujeet/DOC Sujeet Kumar Digitally signed by Sujeet Kumar Sharma Sharma Date: 2026.07.30 10:24:29 +05'30' आदेश क� �ितिलिप अ�ेिषत / Copy of the Order forwarded to : अपीलाथ� / The Appellant. 1. ��यथ� / The Respondent. 2. 3. The Pr.CIT concerned. िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, “A” ब�च, 4. पुणे / DR, ITAT, “A” Bench, Pune. गाड� फ़ाइल / Guard File. 5. आदेशानुसार / BY ORDER, // True Copy // Assistant Registrar आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.