ALL INDIA SECURITISATION AND ENFORCEMENT OF SECURITY INTEREST ASSOCIATION,CHITRANJAN MARG vs. CIT EXEMPTION, KAILASH HEIGHT,
आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर
IN THE INCOME TAX APPELLATE TRIBUNAL,
JAIPUR BENCHES,”B” JAIPUR
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BEFORE: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA No.627 & 628/JPR/2024
u/s 12AA and 80G of the Act
All India Securitisation and Enforcement of Security Interest Association
H-15, Chitranjan Marg,
C-Scheme, Jaipur.
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Vs.
The CIT-Exemption,
Jaipur.
LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.:AAITA7176M vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksjls@Assesseeby :Shri Vikash Rajvanshi, C.A.
jktLo dh vksjls@Revenue by: Shri P.P. Meena, CIT-DR lquokbZ dh rkjh[k@Date of Hearing
: 05/02/2025
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vkns'k@ORDER
PER: DR. S. SEETHALAKSHMI, J.M.
These are two appeals filed by the assessee against two different orders of the Ld.CIT (Exemption), Jaipur both dated 27-03-2024 passed under section 12AB and 80G of the Income Tax Act, 1961 respectively.
The grounds of appeal raised by the assessee in both the appeals are as under:-
ITA No. 627/JPR/2024 U/s 12AA of I.T. Act, 1961
“1. CIT(E) has wrongly rejected the application for registration for charitable institution u/s 12A. Mentioning wrong reasons such as due to non-registration under Rajasthan
Public Trust Act, 1959 and genuineness of activities and also cancelled provisional registration whereas trust has complied all the procedure. Hence, rejection/cancellation order must be quashed. ‘’
ITA No. 628/JPR/2024 U/s 80G of I.T. Act, 1961
“1. CIT(E) has wrongly rejected the application for registration of assessee society u/s 80G stating that the approval u/s 80G cannot be granted without registration u/s 12AB and commencement of activities and also wrongly cancelled provisional registration.
Hence CIT(E) order should be made null and void and CIT(E) may be directed to grant for 80G registration and rejection/cancellation order of 80G must be quashed. ‘’
1 Apropos to the ground so raised by the assessee in ITA No. 627/JPR/2024, the ld. CIT(E) rejected the assessee’s claim of registration u/s 12AB of the Act by observing as under:- ‘’2.5. Assessee vide letter dated 19.12.2023 was required to submit documents/explanation, the relevant portion of which is reproduced as under-
"Whether the institution is registered under Rajasthan Public
Trust Act. 1959, if not, please give explanation that why the same should not be considered as violation of section 12AB(1)(b)(i)(B) of the income Tax Act read with sec 17 of the Rajsathan Public Trust Act, 1959 and decision of Hon'ble Apex
Court in the case of New Noble Education Society Civil Appeal
No 3795 of 2014 and 19-10-2022 and why the application filed by you should not be rejected.’’
In response, vide reply 13-02-2024, the applicant stated that the institution is registered vide trust deed dated 20-07-2007
registered with Sub-