DIGESTIVE DISEASES CARE FOUNDATION.,LUDHIANA vs. COMMISSIONER OF INCOME TAX (EXEMPTION), CHANDIGARH

PDF · subscribers
ITA 210/ASR/2019Status: DisposedITAT Amritsar25 November 2019AY 2018-193 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted the assessee's substantial compliance and directed the CIT(E) to grant registration u/s 80G after the assessee submits the ledger copy. The matter was restored to the CIT(E) for fresh adjudication.

What were the facts?

The assessee society, already registered u/s 12AA, applied for eligibility certificate u/s 80G(5)(vi). The CIT(E) rejected the application for not submitting a ledger account, despite substantial compliance with other document requirements.

What were the issues?

Whether rejection of 80G(5)(vi) eligibility is justified solely for non-submission of a ledger account when other documents are substantially provided.

Which sections of the Income-tax Act were involved?

Section 80G(5)(vi),Section 12AA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “DB”, BENCH AMRITSAR

Before: SHRI N.K. CHOUDHRY, JM & DR. A.L.SAINI, AM

For Appellant: CA &
For Respondent: Smt. Prabhjot Kaur, CIT(DR)
Hearing: 25/11/2019Pronounced: 25/11/2019

आदेश / O R D E R Per Dr. A.L. Saini:

The captioned appeal filed by the assessee, pertaining to assessment year 2018-19, is directed against the order passed by the Commissioner of Income Tax (Exemptions), Chandigarh dated 30.01.2019.

2.

At the outset itself, the ld. Counsel for the assessee submitted that the assessee society was already registered u/s 12AA of the Income Tax Act, 1961 (in short the Act) w.e.f. 28.05.2018. In order to get the eligibility certificate u/s 80G(5)(vi) of the Act the assessee Trust had made application in form no. 10G on 17.02.2018. The assessee has submitted all the documents and details asked by the ld. CIT(E) for approval u/s 80G(5)(vi) of the Act. The assessee took us through paper book where he has demonstrated that he has submitted all the documents and evidences required by the ld. CIT(E) except, copy of a ledger account. Since the assessee has produced substantially all the relevant documents such as books of accounts along with bills

ITA No.210/ASR/2019 Assessment Year: 2018-19 Digestive Diseases Care Foundation and vouchers. The assessee also submitted the details of grant received and the details of 276 people treated for HCV along with names, complete addresses and contact numbers and gender. However, the ld. CIT(E) has rejected the assessee’s application u/s 80G(5)(vi) of the Act merely because the assessee could not produce the ledger account. Therefore, ld. Counsel for the assessee prayed the Bench that ld. CIT(E) should be directed to grant exemption u/s 80G(5)(vi) of the Act. On the other hand, the ld. DR for the Revenue submitted that since the assessee has not submitted complete books of accounts including ledger accounts, therefore, the matter should be remitted back to the ld. CIT(E).

3.

We have heard both the parties and perused the material available on record. We note that the assessee has made substantial compliance and submitted all the documents and details except a ledger account. Since the assessee has made substantial compliance and submitted required documents/explanation before ld. CIT(E) hence registration u/s 80G should be granted to the assessee. Assessee is directed to submit the ledger copy and any further explanation/documents, if any required by ld. CIT(E). We therefore restore this lis back to the ld. CIT(E) for fresh adjudication on merits after affording three effective opportunities to the assessee for presenting its case as per law and any default on latter’s part to this effect in consequential proceedings would be deemed as vacation of our instant remand order. This assessee’s appeal is accepted for statistical purposes in above terms.

4.

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

Order pronounced in the Court on 25.11.2019

Sd/- Sd/- (N.K. CHOUDHRY) (A.L.SAINI) "या�यकसद�य / JUDICIAL MEMBER लेखासद�य / ACCOUNTANT MEMBER AmritsarAmritsar *दनांक/ Date: 25/11/2019 (BCG, PS)

ITA No.210/ASR/2019 Assessment Year: 2018-19 Digestive Diseases Care Foundation Copy of the order forwarded to:

1.

Digestive Diseases Care Foundation, 6E, Tagore Nagar, Ludhiana, Punjab-141 001. 2. CIT (Exemptions), Chandigarh. 3. C.I.T(A). 4. C.I.T.- concerned. 5. The Sr. DR, I.T.A.T., Amritsar.

More judgments on Section 80G(5)(vi)

All 260 judgments and leading authorities on Section 80G(5)(vi) →

Recent GST High Court judgments

Search GST case law →