SAMBODHI FOUNDATION,PUNE vs. CIT- (EXEMPTION), PUNE

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ITA 382/PUN/2020Status: DisposedITAT Pune21 October 2022AY 2020-213 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(E) did not consider all the evidence submitted by the assessee. Therefore, the matter was remanded back to the CIT(E) for fresh verification.

What were the facts?

The assessee applied for registration under Section 12AA of the Income Tax Act. The CIT(E) rejected the application, citing non-compliance and discrepancies in the Trust Deed. The assessee argued that the required documents and clarifications were submitted.

What were the issues?

Whether the CIT(E) was justified in rejecting the application for registration under Section 12AA without considering all the submitted documents and clarifications.

Which sections of the Income-tax Act were involved?

Section 12AA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, PUNE

Before: SHRI R.S. SYAL & SHRI S.S. VISWANETHRA RAVI

For Appellant: Shri Suhas Bora
For Respondent: Shri Sardar Singh Meena

आदेश / ORDER PER S.S. VISWANETHRA RAVI, JM :

1.

This appeal by the assessee against the order dated 29-01-2020 passed by the Commissioner of Income Tax (Exemption), Pune [‘CIT (E)’].

2.

The assessee raised eight grounds of appeal amongst which the only issue emanates for our consideration is as to whether the CIT(E) is justified in rejecting the application in Form No. 10A seeking registration u/s. 12AA of the Act.

3. Heard both the parties and perused the material available on record. We note that the assessee filed an application seeking registration u/s. 12AA of the Act before the CIT(E), Pune on 03-07-2019. The CIT(E) issued letter dated 21-08-2019 through ITBA portal requesting the assessee to upload certain information/clarification by 01-10-2019 and also to produce the original copy of Trust Deed/MOA for verification. According to the CIT(E), the assessee did not attend on the said given date but however, submitted partial compliance on ITBA portal. He again issued another notice dated 21-08-2019 requesting the assessee to clarify discrepancies found in Trust Deed/MOA at Point Nos. 14 & 15 regarding for not having irrevocability clauses and clarification for not having clause with respect to beneficiaries of section of public but not specific individuals. The ld. AR drew our attention at page 20 of the paper book and submitted that the assessee furnished the original Trust Deed which contains the irrevocability clause and also beneficiaries are a section of public. He argued that the CIT(E) did not look into the said Deed. He further drew our attention to pages 34 and 35 of the paper book and submitted that the assessee furnished all the details before the CIT(E). We note that on the date of disposal of application of assessee regarding seeking registration u/s. 12AA of the Act the details as shown by the ld. AR in the paper book were before the CIT(E) but however, were not considered. The ld. AR prayed another opportunity to the assessee in remanding the issue to the file of CIT(E) for its fresh verification. The ld. DR did not report any objection in remanding the matter to the file of CIT(E) for fresh verification. Therefore, taking into submissions of ld. AR and ld. DR and in the interest of justice, we deem it proper to remand the matter to the file CIT(E) for its fresh verification. The assessee is liberty to file evidences, if any, in support of its claim. Thus, the grounds raised by the assessee are allowed for statistical purpose.

4.

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

Order pronounced in the open court on 21st October, 2022.

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