SHREE VIMALNATH JAIN SWETAMBER MANDIR TRUST,RAIPUR vs. THE COMMISSIONER OF INCOME TAX ( EXEMPTION), BHOPAL

PDF · subscribers
ITA 50/RPR/2018Status: DisposedITAT Raipur16 January 2019AY 2018-199 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that at the time of granting registration under Section 12AA, the CIT should only examine the objects of the trust and the genuineness of its activities, not the applicability of Section 13(1)(b) or the accounting of donations. Furthermore, since the trust had both charitable and religious objects, Section 13(1)(b) was not applicable.

What were the facts?

The assessee trust applied for registration under Section 12AA of the Income Tax Act. The CIT (Exemption) rejected the application citing that the trust's objects were only for the Jain community, attracting Section 13(1)(b), and that cash donations were not properly accounted for.

What were the issues?

Whether the CIT can deny registration under Section 12AA based on potential violations of Section 13(1)(b) or issues with donation accounting, and whether Section 13(1)(b) applies to a trust with both charitable and religious objects.

Which sections of the Income-tax Act were involved?

Section 12AA,Section 13(1)(b)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RAIPUR BENCH, RAIPUR

Before: SHRI ANIL CHATURVEDI, AM & SHRI PARTHA SARATHI CHAUDHURY, JM

For Appellant: Shri R.B Doshi
For Respondent: Shri P.K. Mishra
Hearing: 15.01.2019Pronounced: 16.01.2019

आदेश की प्रधतधलधप अग्रेधषत / Copy of the Order forwarded to : 1. अपीलाथी / The Appellant. 2. प्रत्यथी / The Respondent. 3. The CIT (Exemption), Raipur. 4. The Joint Commissioner of Income Tax (Exemption), Raipur 5. धवभागीय प्रधतधनधध, आयकर अपीलीय अधधकरण, रायपुर बेंच, रायपुर / The DR, ITAT, Raipur Bench, Raipur.

// True Copy // आदेशानुसार / BY ORDER,

धनजी सधचव / Private Secretary आयकर अपीलीय अधधकरण, रायपुर / ITAT, Raipur.

9 ITA No. 50/RPR/2018

Date 1 Draft dictated on 15.01.2019 Sr.PS/PS 2 Draft placed before author 16.01.2019 Sr.PS/PS 3 Draft proposed and placed JM/AM before the second Member 4 Draft discussed/approved by AM/JM second Member 5 Approved draft comes to the Sr.PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr.PS/PS 7 Date of uploading of order Sr.PS/PS 8 File sent to Bench Clerk Sr.PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R 11 Date of dispatch of order

More judgments on Section 12AA

All 4,243 judgments and leading authorities on Section 12AA →

Recent GST High Court judgments

Search GST case law →