SAVITA & NIRMALA VORA CHARITABLE TRUST,KOLKATA vs. CIT (EXEMPTIONS), , KOLKATA

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ITA 289/KOL/2025Status: DisposedITAT Kolkata21 April 2025Bench: SHRI GEORGE MATHAN (Judicial Member), SHRI RAJESH KUMAR (Accountant Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal observed that the CIT (Exemptions) acknowledged the assessee as an old assessee engaged in charitable activities. In the interest of justice, the Tribunal remitted the matter back to the CIT (Exemptions) to provide the assessee an opportunity to rectify its application by citing the correct section and to specify any other defects.

What were the facts?

The assessee, Savita & Nirmala Vora Charitable Trust, an old assessee already enjoying benefits under Section 12A and 80G, applied for registration under Section 12A(1)(ac)(vi) of the Act. The CIT (Exemptions) denied the registration under Section 12A and consequently Section 80G, stating the assessee applied under the wrong section, suggesting it should have been Section 12A(1)(ac)(i).

What were the issues?

Whether the CIT (Exemptions) was justified in denying registration under Section 12A and 80G merely because the assessee cited an incorrect sub-section in its application, despite being an old assessee acknowledged as doing charitable work.

Which sections of the Income-tax Act were involved?

Section 12A,Section 12A(1)(ac)(vi),Section 12A(1)(ac)(i),Section 80G

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH, KOLKATA

Before: SHRI GEORGE MATHAN, JM & SHRI RAJESH KUMAR, AM

For Appellant: Shri Sunil Surana, AR
For Respondent: Shri Sucheta
Hearing: 21.04.2025Pronounced: 21.04.2025

O R D E R PER BENCH:

These are the two appeals filed by the assessee, in as against the order of ld. Commissioner of Income Tax (Exemption), Kolkata [In short ld. CIT (E)] No. ITBA/EXM/F/EXM45/2024-25/1071429424(1) vide order dated 21.12.2024, denying the assessee to examine the registration u/s 12A of the Act and is the appeal filed by the assessee against the order of ld. CIT (E), Kolkata No. ITBA/EXM/F/EXM45/2024- 25/1071429424(1) vide order dated 21.12.2024, denying the assessee in granting registration u/s 80G of the Act.

2.

It was submitted by the ld. AR that the assessee has admittedly made an application u/s 12A(1)(ac)(vi) of the Act. It was submitted that as the assessee is an old assessee and is already enjoying the benefit of registration u/s 12A and recognition of 80G of the Act. The assessee

3.

The ld. CIT DR submitted that the wrong section has been applied by the assessee and hence, the order of the ld. CIT(E) is to be upheld.

4.

We have considered the rival submissions. On perusal of the facts in the present case along with the order of ld. CIT (E) clearly shows that the ld. CIT (E) does recognize that the assessee is an old assessee and is doing charitable activity. This being so in the interest of justice, the issue in the appeals are restored to the file of the ld. CIT (E) so as to provide assessee an opportunity to rectify his application referring to the correct section. If the ld. CIT (E) finds any other defects in respect of similar matters in the assessee’s case, then he may in the notice clearly specify the defect / defects so as to grant the assessee adequate opportunity to rectify the defects if any.

5.

In the result, the appeals of the assessee are allowed for statistical purposes.

Order pronounced in the open court on 21.04.2025.

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