MY GREENSOCIETE FOUNDATION ,MUMBAI vs. CIT(EXEMPTION), MUMBAI
| आयकर अपीलीय अिधकरण ायपीठ, मुंबई |
IN THE INCOME TAX APPELLATE TRIBUNAL
“G” BENCH, MUMBAI
BEFORE SHRI NARENDRA KUMAR BILLAIYA, HON’BLE ACCOUNTANT MEMBER
&
SHRI SANDEEP SINGH KARHAIL, HON’BLE JUDICIAL MEMBER
I.T.A. No. 5755/Mum/2024
My Greensociete Foundation
A-201, Floral Deck Plaza Premises
Coop SOC Ltd.
Central MIDC Road, Andheri East
Chakala Midc, S.O. Mumbai
Mumbai - 400093
[PAN: AAOCM3928L]
Vs
Comm. Of Income Tax
(Exemptions), Mumbai
अपीलाथ/ (Appellant)
यथ/ (Respondent)
Assessee by :
Shri Harshal Ajmera, A/R
Revenue by :
Shri Dr. Kishor Dhule, CIT, D/R
सुनवाई की तारीख/Date of Hearing : 21/04/2025
घोषणा की तारीख /Date of Pronouncement: 21/04/2025
आदेश/O R D E R
PER NARENDRA KUMAR BILLAIYA, AM:
This appeal by the assessee is directed against the order dated ld.
CIT (Exemptions), Mumbai, dated 27/09/2024 by which the ld.
CIT(Exemptions) has rejected the application for registration u/s 80G of the Act.
2. Heard the parties. We have carefully perused the order of the ld.
CIT(Exemptions). The relevant observations of the ld. CIT(Exemptions) denying the registration read as under:-
“The submission of the assessee is not sufficient and necessary compliance as per the provisions of I.T. Act is concerned. The words in the objects of the trust "Establish branches and offices in different parts of India and abroad-Enter into any agreement with any Government or authority (municipal, local or otherwise) or any corporations, companies, or persons, or any cooperative society or organisation or institutions in any part of the world-organise exchange programs for representatives, staffs and people and to provide training of work in Indian or abroad" means to utilise fund outside India. Such objects leave room for any potential future endeavour may be undertaken by the assessee trust which would result in expenditure outside India.
The assessee trust ought to have amended the clauses of the objects mentioned above which are in violation of the I.T Act but it has failed to do so.
I.T.A. No. 5755/Mum/2024
2
The objectionable clause has been amended by the Appellant- Trust as under:-
“xvii) Establish branches and officer in different parts of India.”
Since the objections have been removed by the appellant-trust, we are of the considered view that the ld. CIT(Exemptions) should consider the application of the Trust with the amended clause. Therefore, we deem it fit to restore the issues to the files of the ld. CIT(Exemptions). The ld. CIT(Exemptions) is directed to consider the amended MOA as per the relevant provisions of the law and decide the issue afresh after affording reasonable and adequate opportunity of being heard to the assessee. 5. In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced in the Court on 21st April, 2025 at Mumbai. (SANDEEP SINGH KARHAIL) ACCOUNTANT MEMBER
Mumbai, Dated 21/04/2025
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आदेश की ितिलिप अेिषत /Copy of the Order forwarded to :
अपीलाथ / The Appellant 2. थ / The Respondent 3. संबंिधतआयकरआयु! / Concerned Pr. CIT 4. आयकरआयु! ) अपील ( / The CIT(A)- 5. िवभागीय ितिनिध ,आयकर अपीलीय अिधकरण, मुंबई /DR,ITAT, Mumbai, 6. गाड% फाई/ Guard file.
आदेशानुसार/ BY ORDER