KRISHNA CONSCIOUSNESS & WELFARE TRUST,LUDHIANA vs. ITO, WARD-6(1), LUDHIANA

This is an appeal filed by the assessee against the order of the Ld. CIT(A)/NFAC, Delhi dt. 24/03/2023 pertaining to Assessment Year 2019-20 challenging the sustenance of addition Rs. 7,02,053/-, being the donation received during the year, which was brought to tax by the Assessing officer.

Briefly, the facts of the case are that the assessment in this case was completed under section 143(3) r.w.s 144B of the Act dt. 21/09/2021 wherein the donation amounting to Rs. 7,02,053/- was brought to tax in absence of 2 registration under section 12A of the Act. Being aggrieved, the assessee carried the matter in appeal before the Ld. CIT(A) who has since sustained he said addition.

Against the said findings, the assessee is in appeal before us. During the course of hearing, none appeared on behalf of the assessee nor was any adjournment application filed. However, considering the fact that the appeal was filed way back in 23/05/2023, it was decided that no useful purpose would be served in adjourning the matter any further and to proceed with the hearing and decide the same based on material available on record.

As per the submissions of the Ld. Counsel for the Assessee dt. 14/08/2024 available on record, the registration of the assessee trust under section 12A was rejected by the Ld. CIT(A), Chandigarh and thereafter, on appeal, the Coordinate Amritsar Bench had restored the matter to the file of Ld. CIT(E), Chandigarh and it was submitted that all the requisite documents have since been submitted by the assessee to prove the genuineness of the religious and charitable activities so carried out by the assessee trust since its inception.

In light of the aforesaid submissions and after hearing the Ld. DR, the matter is set aside to the file of the AO to decide the same afresh as per law after taking into consideration the outcome of the proceedings which are currently pending adjudication before the Ld. CIT(E), Chandigarh under section 12A of the Act after providing reasonable opportunity to the assessee.

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