BHISHM LIVELIHOOD TRAINING COUNCIL,JAIPUR vs. CIT EXEMPTION, JAIPUR, JAIPUR

I T A N o s . 1 7 6 9 & 1 7 7 6 / J P R / 2 0 2 5 B h i s h m L i v e l i h o o d T r a i n i n g C o u n c i l V s . C I T ( E ) IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,“A” BENCH, JAIPUR BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER & SHRI RATNESH NANDAN SAHAY, ACCOUNTANT MEMBER ITA Nos. 1769&1776/JPR/2025 (Assessment Year:NA)

Bhishm Livelihood Vs. CIT Training Council, Exemption, 1/238, ChitrakootYojna, Jaipur Ajmer Road,Jaipur, Rajasthan - 302019 �थायीलेखासं./जीआइआरसं./PAN/GIR No: AALCB1729K Appellant .. Respondent

Appellant by : Sh. R.S. Poonia, CA Respondent by : Sh. Rajesh Ojha, CIT

Date of Hearing 25.03.2026 Date of Pronouncement 26.05.2026 O R D E R Per Sanjay Garg, Judicial Member: The captioned two appeals have been preferred by assessee against the separate order of Commissioner of Income Tax (Exemption), Jaipur (hereinafter referred to as “Ld. CIT(E)”) dated 27.09.2025. The assessee in Appeal-ITA Nos.1769 & 1776/JPR/2025 is aggrieved by the action

I T A N o s . 1 7 6 9 & 1 7 7 6 / J P R / 2 0 2 5 B h i s h m L i v e l i h o o d T r a i n i n g C o u n c i l V s . C I T ( E ) of the ld. CIT(E) in rejecting the application of the assessee for final/regular registration u/s 12A(1)(ac)(vi) (B) ( wrongly written as 12A(1) (ac) (ivB) of the of the Income Tax, Act 1961 (in short “the Act”), whereas appeal- ITA No. 1769 & 1776/JPR/2025 is against the order of ld. CIT(E) against the rejection of the application for under proviso to Sub-Section (5) of Section 80G of the Act.

I T A N o s . 1 7 6 9 & 1 7 7 6 / J P R / 2 0 2 5 B h i s h m L i v e l i h o o d T r a i n i n g C o u n c i l V s . C I T ( E ) 3. The ld. Counsel for the assessee has submitted that so far as, the clauses of buy back of shares and distribution of dividend etc. in the Objects/Memorandum of Association of the assessee trust are concerned, these were formal clauses written in the prescribed form for registration of a company; that these clauses inadvertently, could not be struck out. However, the same are not otherwise, applicable to the assessee company, as the assessee company being section 8 company. He has further submitted that even after pointing out of the said defect by the ld. CIT(E), the assessee company has amended the memorandum of association to delete the said clauses.He has further submitted that so far as non- submission of required details to verify the genuineness of the activities of the assessee were concerned, the assessee had duly furnished the details, however, the Ld. CIT(E) was not satisfied and his dissatisfaction did not come to the knowledge of the assessee. He has submitted that the assessee company is ready to furnish the requisite details for the Ld. CIT(E) for which an opportunity be granted to the assessee. 4. The Ld. DR on the other hand has relied upon the findings of ld. CIT(E). 5. We have considered the rival submission and gone through the record. The ld. Counsel for assessee has submitted that the buy back of shares and dividend distribution clauses etc. in the Memorandum of Association/Articles of Association were formal clauses, which were otherwise irrelevant in the case of the assessee trust and the same also stood removed from the Memorandum of Association. Further, the Ld. Counsel has sought opportunity to furnish the requisite details before the Ld. CIT(E).

I T A N o s . 1 7 6 9 & 1 7 7 6 / J P R / 2 0 2 5 B h i s h m L i v e l i h o o d T r a i n i n g C o u n c i l V s . C I T ( E )

In our view, the interests of justice will be well served if the assessee be given an opportunity to present its case before the Ld. CIT(E). The impugned order of the Ld. CIT(E) rejecting the application for registration u/s 12A of the Act is, therefore, set aside and the matter is restored to the file of the Ld. CIT(E) for decision afresh on the application of the assessee. Consequently, the impugned order of ld. CIT(E) in rejecting the application of the assessee under first proviso to sub-Section (5) of Section 80G of the Act is also set aside and the matter is restored to the file of ld. CIT(E) to consider the said application of the assessee trust on merits.

Sd/- Sd/- (Ratnesh Nandan Sahay) (Sanjay Garg) Accountant Member Judicial Member Dated 26.05.2026 Ganesh Kumar, Sr. PS Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT By Order, Asst. Registrar ITAT, Jaipur

I T A N o s . 1 7 6 9 & 1 7 7 6 / J P R / 2 0 2 5 B h i s h m L i v e l i h o o d T r a i n i n g C o u n c i l V s . C I T ( E )