AT TAWHEED EDUCATION AND WELFARE TRUST,HOOGHLY vs. CIT (EXEMPTION), , KOLKATA
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal restored the appeal to the file of the Ld. CIT(E), allowing the assessee an opportunity to submit all necessary documents for registration, as the assessee expressed readiness to do so.
What were the facts?
The assessee filed an application for registration u/s 12A(1)(ac)(iii) which was treated as non-maintainable and cancelled by the Ld. CIT(E) for not providing requested details and clarifications. The assessee appealed this order.
What were the issues?
Whether the Ld. CIT(E) was justified in rejecting the application for registration without granting a proper opportunity to the assessee to furnish the required documents.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH: KOLKATA
Before: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]
ORDER / आदेश Per Pradip Kumar Choubey, JM: This is the appeal preferred by the assessee against the order of Commissioner of Income Tax (Exemption), - Kolkata (hereinafter referred to as the Ld. CIT(E)] dated 21.12.2024 for AY 2024-25.
Brief facts of the case of the assessee is that the assessee filed an application for registration u/s 12A(1)(ac)(iii) in form no. 10AB in response to the notice, the assessee Assessment Year: 2024-25 At Tawheed Education and Welfare Trust . submitted various details along with supporting evidence. The Ld. CIT(E ) asked some quarries from the assessee but there was no reply, as a result of which, the application filed by the assessee is treated as non-maintainable and provisional registration issued to the assessee has also been cancelled.
Being aggrieved and dissatisfied the assessee preferred an appeal before us.
The Ld. AR instead of arguing into the merit of the case has only prayed that the assessee has to give an opportunity to furnish all the details as asked by the Ld. CIT(E).
Contrary to that the ld. D.R did not raise any objection.
On perusal of the order of Ld. CIT(E ), it appears to us the Ld. CIT(E ) asked certain clarification by issuing notice, the assessee did not , as a result of which, the application of the assessee has been rejected. Before us, the assessee has submitted that the assessee is ready to submit all the documents as required by the Ld. CIT(E ) for registration. Keeping in view, the submission made by the assessee and the order passed by the Ld. CIT(E ), we are inclined to restore the appeal back to the file of Ld. CIT(E ) after giving an opportunity to the assessee to submit all the necessary papers.
In the result, the appeal filed by the assessee is allowed for statistical purposes.
Order is pronounced in the open court on 2nd July, 2025
Sd/- Sd/- (Rajesh Kumar/राजेश कुमार) (Pradip Kumar Choubey /�द�प कुमार चौबे) Accountant Member/लेखा सद�य Judicial Member/�या�यक सद�य Dated: June, 2025 SM, Sr. PS Copy of the order forwarded to: 1. Appellant- At Tawheed Education and Welfare Trust, Balihatta, West P.O. Pandua, Sd. Hooghly Sadar-712149 2. Respondent – CIT(Exemption), Kolkata 3. Ld. PCIT- , Kolkata 4. DR, Kolkata Benches, Kolkata (sent through e-mail)
More judgments on Section 12A(1)(ac)(iii)
- Desire Foundation, Jaipur vs Income Tax Officer, JaipurITA 1646/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Sevasetu Foundation, Vadodara vs Commissioner of Income Tax (Exemption)…ITA 3149/AHD/2026[NA]Status: Disposed19 Oct 2026
- Sevasetu Foundation, Vadodara vs Commissioner of Income Tax (Exemption)…ITA 3148/AHD/2026[NA]Status: Disposed19 Oct 2026
- Sanskardham Nandan, Mehsana vs CIT(Exemption), AhmedabadITA 2980/AHD/2026[2025-26]Status: Disposed16 Oct 2026AY 2025-26
- D vs Welfare Foundation, Thanevs.Income Tax…ITA 6191/MUM/2026[2025-26]Status: Disposed12 Oct 2026AY 2025-26
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