SHEABLE FOUNDATION,KOLKATA vs. CIT (EXEMPTION),, KOLKATA

IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, KOLKATA Before Shri Rajesh Kumar, Accountant Member and Shri Pradip Kumar Choubey, Judicial Member ITA No 1102/KOL/2026

Sheable Foundation...........................................................................................Appellant 11, Dacres Lane, 1st Floor, Esplanade, Kolkata- 700069 [PAN No. ABCTS3619Q ] Vs. The CIT(Exemption), Kolkata...............…………..…………………....……….Respondent ITO, 10B, Middleton Road, Kolkata- 700071 Appearances by: Abhishek Bansal, A.R., appeared on behalf of the Appellant. Sanat Kumar Raha, CIT(DR), appeared on behalf of the Respondent. Date of concluding the hearing : July 01, 2026 Date of pronouncing theorder : July 16 ,2026 ORDER Per Pradip Kumar Choubey, Judicial Member: This appeal filed by the assessee is directed against the order dated 19.03.2026 of theIncome Tax Department of the CIT(Exemption), Kolkata (hereinafter referred to as “the Act”). 2. The brief facts of the case of the assesseeisthat assessee is a charitable trust and he has been granted registration us 12A(1)(ac)(i) of the Act for the Assessment Year 2022-23 to 2026-27.The assessee filed an application and form No. 10AB seeking renewal of registration and in order to verify the genuineness of the activities notices were issued to the assessee. The Ld. CIT(E) after going over the submission made by the AR finds that assessee does not possess registration us 12A/12AA in the old regime prior to 01-04-21, so it cannot be allowed renewal of registration u/s 12A(1) (ac)(ii).

ITA No.1102/Kol/2026 Aggrieved by the said order, assessee preferred appeal before us. 3. The Ld. AR challenges the very impugned order thereby submitting that in response to the notice dated 06.03.2026 assessee submitted copy of Pan card as the assessee was unable to produce such a circular as the trust was incorporated only on 17.08.2021 i.e. after the cut off date of 01.04.2021.The Ld. AR submits that department can verify from its own record and confirms that no old registration u/s 12A/12AA was found for the assessee trust prior to 01.04.2021 regime. The Ld. AR submits that the CPC has granted registration under the Sub-Clause 1 of 24.09.2021 for the Assessment Year 2022-23 to 2026-27 and the CIT(E) by passing the cancellation mechanism u/s 12AB (4) wrongly held the registration as void ab initio. According to him the provision is still applicable for renewal of 12AB registration. His prayer is that appeal be remitted back to the file of CIT(E) for fresh consideration. Contrary to that Ld DR supports the impugned order. 4. Upon hearing the submission of the counsel of the respective parties and on perusal of the record the following facts have been emerged

S.No Date Event/ Development 1 17 August 2021 Sheable Foundation is incorporated and registered as a charitable Trust with the Additional Registrar of Assurances, Kolkata. This is the date of the Trust’s legal existence – there was no pre-existing 12A/12AA registration. 24 September 2021 2 CPC (Central Processing Centre)

ITA No.1102/Kol/2026 grants registration u/s 12AB [12A(1)(ac)(i)] of the Income Tax Act, 1961, in Form No. 10AC. Registration is granted for A.Y. 2022-23 to A.Y. 2026-27. 2021-2025 (Ongoing) Trust 3 operates as a registered charitable organisation under Section 12AB of the Act. Charitable activities are carried out in accordance with the Trust’s objects throughout this period. It is pertinent to mention here that Section 12A is the gateway provision that lays down the conditions a charitable or religious trust or institution must satisfy in order to be entitled to tax exemption and without registration under this section the income of a trust would not enjoy the benefit of exemption. In the present case entire dispute revolves around which sub-clause of Section 12A(1)(ac) was applicable to the applicant at the time of its initial registration as the CIT(E) held hat sub-clause 1 required a pre-existing 12A/12AA before 01.04.2021. It is a fact that the CPC granted registration to the Sheable Foundation under this sub-clause on 24.09.2021 for the Assessment Year 2022-23 to 2026-27, however since the trust was incorporated only on 17.08.2021, so he had no preexisting 12A/12AA registration. The submission of AR before us is that CIT(E) ought to treat the form No. 10AB application as a fresh application for registration u/s 12A(1)(ac)(iv) of the Act for the interest of justice as the assessee is a genuine trust and his purpose is charitable in nature. 5. Keeping in view the submission made by the assessee as well as considering the facts of the case, we find that rejection of registration solely on procedural technicalities as contrary to the separate and 3

ITA No.1102/Kol/2026 object of the exemption under this Act. CIT(E) has to be considered the application filed by the assessee as a fresh application for registration as it is a fact that the trust was incorporated on 17.08.2021 after the cut-off date 01.04.2021. In view of the above discussion, we are remitting the appeal of the assessee to the file of the CIT(E) for fresh consideration in the light of the submission made by the assessee and grant registration as per law. Hence, the appeal of the assessee is allowed for statistical purpose.

Kolkata, the 16th July , 2026.

Sd/- Sd/- [Rajesh Kumar] [Pradip Kumar Choubey] Accountant Member Judicial Member

DC Dated: 16. 07.2026.

Copy of the order forwarded to: 1. Appellant - 2. Respondent - 3. CIT(A)- 4. CIT- 5. CIT(DR)

ITA No.1102/Kol/2026

//True copy// By order Assistant Registrar, Kolkata Benches

ITA No.1102/Kol/2026