MAHARASHTRA OLYMPIC ASSOCIATION,MUMBAI vs. CIT (EXEMPTIONS), MUMBAI, MUMBAI

IN THE INCOME-TAX APPELLATE TRIBUNAL“B” BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY, VICE PRESIDENT & SHRI PRABHASH SHANKAR, ACCOUNTANT MEMBER ITA No.1286/MUM/2026 & ITA No.1300/MUM/2026 Maharashtra Olympic v/s. Commissioner of Income Tax Association बनाम (Exemptions) Pavilion, Veer Savarkar 601, 6th Floor, Cumballa Hill, Marg, Shivaji Park, Dadar MTNL TE Building, Pedder Road, West, Mumbai – 400 028, Mumbai – 400 026, Maharashtra Maharashtra स्थायी लेखा सं./जीआइआर सं./ PAN/GIR No: AABTM7875J Appellant/अपीलार्थी .. Respondent/प्रतिवादी

Assessee by : Shri Asish Thakurdesai, AR Revenue by: Shri Vikas K Suryawanshi, CIT-DR

Date of Hearing 28.04.2026 Date of Pronouncement 07.05.2026 आदेश / O R D E R PER PRABHASH SHANKAR [A.M.] :- The above captioned appeals have been filed by the assessee Trust against the orders passed by the Learned Commissioner of Income- tax(Exemptions), Mumbai [hereinafter referred to as “CIT(E)”] pertaining to orders passed u/s. section 12AB and 80G of the Income-tax Act, 1961 [hereinafter referred to as “Act”].Since the issues are inter-connected and also the fact that these appeals were heard together, they are being taken

P a g e | 2 ITA No. 1286 & 1300/Mum/2026 Maharashtra Olympic Association up together for adjudication vide this composite order for the sake of brevity. 2. The grounds of both the appeals are as under: ITA No. 1286/MUM/2026 1. On facts, in circumstances of the case and in law, the learned Commissioner of Income Tax-Exemption erred in rejecting the application of the appellant for regularisation of provisional application in Form 10AB. 2. On facts, in circumstances of the case and in law, the learned Commissioner of Income Tax-Exemption erred in ignoring Clause-24 & Clause-27 of the Constitution of the appellant and observing that the trust deed/MOA does not contain clause regarding irrevocabilty OR dissolution. ITA No. 1300/MUM/2026 1. On facts, in circumstances of the case and in law, the learned Commissioner of Income Tax-Exemption erred in rejecting the application of the appellant for approval of the appellant under section 80G of the Income Tax Act, 1961. 3. Relevant facts of the case are that the assessee applicant had filed an application in Form 10AB on 27.09.2025 u/s 12A(1)(ac)(vi) seeking regularization of provisional registration under section 12AB of the Act. The ld.CIT(E) on perusal of the Form 10AB, noticed that at para no. 6, in reply of the question, “whether the trust deed contains clause that the trust is irrevocable?”, the applicant had stated “Yes”. However, as per the trust deed/MOA, there was no clause regarding irrevocability or dissolution/ winding up of the applicant trust/Institution, which was mandatory as per the provisions of the Act. He observed that in the absence of an explicit irrevocability and dissolution clause, there existed

P a g e | 3 ITA No. 1286 & 1300/Mum/2026 Maharashtra Olympic Association no statutory safeguard to ensure that the assets of the applicant trust/ institution shall be applied solely towards charitable purposes and, upon dissolution, shall be transferred to another trust or institution having similar charitable objects, as mandated under the provisions of the Act. It was noted that the inclusion of an irrevocability clause and a dissolution clause in the trust deed/Memorandum of Association is a mandatory and substantive requirement under the statutory framework governing charitable trusts and institutions. The absence of such clauses cannot be construed as a mere procedural or inadvertent lapse, as the same goes to the very root of the charitable character and legal continuity of the trust. In the absence of an explicit irrevocability and dissolution clause, there existed no statutory safeguard to ensure that the assets of the applicant trust/institution shall be applied solely towards charitable purposes and, upon dissolution, shall be transferred to another trust or institution having similar charitable objects, as mandated under the provisions of the Act. However, the applicant had failed to offer any reply or comments in this regard. This inherent inconsistency clearly established that the declaration made by the applicant in Form No. 10AB was factually incorrect and amounted to misrepresentation of material facts. Such furnishing of false or incorrect information squarely falls within the ambit of a “specified violation” as

P a g e | 4 ITA No. 1286 & 1300/Mum/2026 Maharashtra Olympic Association defined under Explanation (g) to section 12AB(4) of the Act, In the view of the above, the application for renewal of registration in Form 10AB filed by the assessee was not allowable on the grounds of non-inclusion of irrevocability or dissolution clause in trust deed/MoA, “Specified Violation” as defined under Explanation (g) to Section 12AB(4) of the Act. 4. With regard to the application for registration u/s 80G of the Act, the ld.CIT(E) observed that the provision of Section 80G(5)(i) of the Act stipulated the condition that the provision of this section is only available for institution or fund for which section 11, 12 or clause 23AA or clause 23C of section 10 of the Act applies. The applicant failed to fulfil any of the above criteria in view of the rejection of its application for registration u/s 12AB of the Act. Thus, its application for approval u/s 80G of the Act became untenable and the application in Form 10AB for approval u/s 80G of the Act was also rejected consequently. 5. Before us, the ld.AR made a preliminary submission that in the subsequent orders passed by the ld.CIT(E) in respect of 12A and 80G applications, he had allowed the claim of the assessee. Relevant copies of the said order were placed before us by way of Paper Book pages 7(para- 15) and pages-11(para-5) of the orders dated 16.04.2026.It is stated that

P a g e | 5 ITA No. 1286 & 1300/Mum/2026 Maharashtra Olympic Association the assessee is no longer aggrieved in view of such facts and it wished to withdraw both the above stated appeal. 6. On careful consideration of the facts of the case and perusal of the relevant orders dated 16.04.2026, we are of the view that the instant appeals are infructous. 7. In the result, both the appeals in ITA Nos.1286 and 1300/Mum/2026 being infructuous stand dismissed.

Order pronounced in the open court on 07/05/2026.

Sd/- Sd/- SAKTIJIT DEY PRABHASH SHANKAR (लेखाकार सदस्य/ACCOUNTANT MEMBER) ( उपाध्यक्ष /VICE PRESIDENT)

Place: म ुंबई/Mumbai ददनाुंक /Date 07.05.2026 Lubhna Shaikh / Steno आदेश की प्रतितलति अग्रेतिि/Copy of the Order forwarded to : 1. अपीलार्थी / The Appellant 2. प्रत्यर्थी / The Respondent. 3. आयकर आयुक्त / CIT 4. विभागीय प्रविविवि, आयकर अपीलीय अविकरण DR, ITAT, Mumbai 5. गार्ड फाईल / Guard file. सत्यावपि प्रवि //True Copy// आदेशानुसार/ BY ORDER,

उि/सहायक िंजीकार (Dy./Asstt. Registrar) आयकर अिीलीय अतधकरण/ ITAT, Bench, Mumbai.