INDIAN SQUASH PROFESSIONAL, MUMBAI vs. COMISSIONER OF INCOME TAX EXEMPTION, MUMBAI

We have heard the rival submissions and perused the material available on record. The sole reason assigned by the learned CIT (Exemption) for rejecting the assessee’s application is that, though the assessee had claimed itself to be an existing trust registered under the erstwhile provisions of the Act, it had not furnished the copy of the registration certificate granted prior to 01.04.2021 under the old regime. Accordingly, the learned CIT (Exemption) proceeded to reject the application.

Before us, the learned counsel submitted that the assessee is an old charitable trust and the rejection is merely on account of non-furnishing of the earlier registration certificate. It was submitted that the assessee is in a position to furnish all the requisite documents, including the registration certificate under the erstwhile provisions, if one effective opportunity is granted. It was thus contended that the application deserves to be reconsidered on merits after verifying the relevant records.

Having regard to the facts and circumstances of the case, and following the view consistently taken by the Coordinate Bench in other similar matters involving identical facts, we deem it appropriate to restore the matter to the file of the learned CIT (Exemption). The learned CIT (Exemption) shall

In the result, the appeal of the assessee is allowed for statistical purposes.