HOLISTIC FOUNDATION, DURG,DURG vs. CIT(EXMP), BHOPAL, BHOPAL

The sole issue raised vide three effective grounds of appeal, revolves around rejection of the assessee’s application for registration under section 12(1)(ac)(ii) of the Act.

The relevant facts giving rise to this appeal are that the assessee applied in Form No.10AB of the Income-tax Rules, 1962 for registration under section 1

The assessee has filed an adjournment petition, which is not entertained by us. On our specific query, Ld. CIT-DR admitted for remitting the matter back to the file of the Ld. CIT(E).

We have heard Ld. CIT-DR and have perused the material available on record. Since the application for registration under section 12(1)(ac)(ii) of the Act has been rejected due to sole non-compliance. Further, we have taken note of the fact that the Ld. CIT(E) has not provided reasonable opportunity of being heard to the assessee and rejected the application for registration under section 12(1)(ac)(ii) of the Act without deciding it on merit. The purpose of granting registration to various trust/society, etc. under the Act is to provide welfare to one and the all in the society to achieve the directive principles of the state policy. Granting of (i) registration under section 12A/AB of the Act and (ii) approval under section 80G of the Act enhances the socio-economic welfare in the society. At the time of registration under section 12A of the Act, the objectives for which the appellant assessee existed needs to be looked into by the Ld. CIT(E); however, the same has not been done as there was no compliance on the part of the assessee. Keeping in view of the facts of the case and in the interest of justice, we are of the considered

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

The Pr. CIT, Raipur (C.G.) िवभागीय "ितिनिध, आयकर अपीलीय अिधकरण, 4. रायपुर/ DR, ITAT, Raipur 5. गाड" फाईल / Guard file.