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Facts
The appellant trust's application for registration under Section 12A of the Income Tax Act was dismissed by the CIT(E) on two grounds: non-registration under the Rajasthan Public Trust Act, 1959, and non-genuineness of activity. The appeal challenges this dismissal order.
Held
The tribunal held that registration under the Rajasthan Public Trust Act, 1959, is not an essential requirement for registration under Section 12AB of the Income Tax Act. Furthermore, the tribunal found that the trust had subsequently obtained registration under the RPT Act. Regarding the non-genuineness of activity, the tribunal noted insufficient time was given to the applicant to respond to the show cause notice and restored the matter to the CIT(E) for a reasonable opportunity of being heard.
Key Issues
Whether registration under the Rajasthan Public Trust Act, 1959 is mandatory for registration under Section 12AB of the Income Tax Act, and whether the CIT(E) afforded a reasonable opportunity of being heard to the applicant regarding the genuineness of its activities.
Sections Cited
12A, 12AB
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vkns'k@ORDER PER: NARINDER KUMAR, JUDICIAL MEMBER .
By way of present appeal, appellant trust has challenged order dated 21.09.2024 passed by Learned Commissioner of Income Tax (Exemption), Jaipur, whereby its application filed u/s 12A of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) filed on 27.03.2024 seeking its registration under the Act has been dismissed on following two grounds:- That the applicant trust was not registered under Rajasthan Public Trust Act, 1959.
Seth Sahimram Goyal Charitable Trust Non genuineness of activity.
2. Arguments heard. File perused. Discussion 3. Non registration under Rajasthan Public Trust Act, 1959:- In the course of argument, Ld. AR for the applicant trust has submitted that during pendency of the application u/s 12A of the Act , the applicant trust could not get itself registered under RPT Act, and that presently it has been got registered.
4. In this regard, it may mentioned here that Co-ordinate Bench ITAT, Jaipur has held in APJ Abdul Kalam Education and Welfare Trust vs. CIT(E) decided on 15.01.2025 that for the purposes of registration of such institutions, u/s 12AB of the Act, registration under RPT Act, 1959 is not one of the essential requirements.
5. Even otherwise, in the paper book presented on 17.02.2025, before the Registry of this department, applicant trust has submitted certificate dated 17.01.2025 issued under RPT Act, 1959, in proof of its registration thereunder . Therefore, this ground of rejection of the application submitted before Learned CIT(E), no more survives.
Seth Sahimram Goyal Charitable Trust Non genuineness of activity:- 6. As regards this second ground made basis for rejection of the application, Learned CIT(E) observed from the documents furnished by the applicant trust and from the failure on the part of the applicant in furnishing of requisite information as detailed in para 4 of the impugned order, that it was obvious that its activities were not verifiable, and it could not be determined whether the applicant trust was genuinely carrying on charitable activity or as per its objects.
7. Ld. AR for the appellant submits that few details were admittedly furnished by the applicant trust to Learned CIT(E), but some information could not be provided.
8. As is available from the impugned order, show cause notice was issued on 09.09.2024 for 17.09.2024. The impugned order came to be passed on 21.09.2024.
9. We find that there was insufficient time made available to the applicant trust to comply with the directions contained in the show cause notice dated 09.09.2024. Therefore, we deem it a fit case where the appellant should be afforded, by Learned CIT(E), reasonable opportunity of being heard.
Seth Sahimram Goyal Charitable Trust Result 10. In view of the above discussion, this appeal is disposed off for statistical purposes, and the matter is restored to the file of Learned CIT(E) for decision on the application afresh, except the issue of registration under RPT Act, 1959, which stands finalized herein. Learned CIT(E) to afford reasonable opportunity of being heard to the applicant-appellant and that too in accordance with law.
11. The applicant trust to comply with all the directions of Learned CIT(E) to be issued from time to time, to avoid any delay in disposal of the application. File be consigned to the record room after the needful is done by the office. Order pronounced in the open court on 06/03/2025. Sd/- Sd/- ¼xxu xks;y½ ¼ujsUnz dqekj½ (GAGAN GOYAL) (NARINDER KUMAR) ys[kk lnL; @Accountant Member U;kf;d lnL;@Judicial Member Tk;iqj@Jaipur fnukad@Dated:- 06/03/2025 *Santosh आदेश की प्रतिलिपिअग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू The Appellant- Seth Sahibram Goyal Charitable Trust, Ajmer. 1. 2. izR;FkhZ@ The Respondent- CIT(E), Jaipur. 3. vk;djvk;qDr@ The ld CIT 4. विभागीय प्रतिनिधि] आयकरअपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत सहायक पंजीकार@Aेेजज. त्महपेजतंत आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”A-Bench” JAIPUR Jh xxu xks;y] ys[kk lnL; ,o aJh ujsUnz dqekj] U;kf;d lnL; ds le{k BEFORE: SHRI GAGAN GOYAL, AM & SHRI NARINDER KUMAR, JM Seth Sahibram Goyal Charitable Trust cuke The CIT Exemption, Jaipur. 381, Naya Bazar, Vs. Ajmer. LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAATS4019F vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksjls@Assessee by : Shri Sunil Porwal, C.A. (Through V.C.) jktLo dh vksjls@Revenue by: Shri Arvind Kumar, CIT-DR lquokbZ dh rkjh[k@Date of Hearing :27/02/2025 mn?kks"k.kk dh rkjh[k@Date of Pronouncement: 06/03/2025 vkns'k@ORDER PER: NARINDER KUMAR, JUDICIAL MEMBER .
By way of present appeal, appellant trust has challenged order dated 21.09.2024 passed by Learned Commissioner of Income Tax (Exemption), Jaipur, whereby its application filed u/s 12A of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) filed on 27.03.2024 seeking its registration under the Act has been dismissed on following two grounds:- That the applicant trust was not registered under Rajasthan Public Trust Act, 1959.
Seth Sahimram Goyal Charitable Trust Non genuineness of activity.
Arguments heard. File perused. Discussion 3. Non registration under Rajasthan Public Trust Act, 1959:- In the course of argument, Ld. AR for the applicant trust has submitted that during pendency of the application u/s 12A of the Act , the applicant trust could not get itself registered under RPT Act, and that presently it has been got registered.
In this regard, it may mentioned here that Co-ordinate Bench ITAT, Jaipur has held in APJ Abdul Kalam Education and Welfare Trust vs. CIT(E) decided on 15.01.2025 that for the purposes of registration of such institutions, u/s 12AB of the Act, registration under RPT Act, 1959 is not one of the essential requirements.
Even otherwise, in the paper book presented on 17.02.2025, before the Registry of this department, applicant trust has submitted certificate dated 17.01.2025 issued under RPT Act, 1959, in proof of its registration thereunder . Therefore, this ground of rejection of the application submitted before Learned CIT(E), no more survives.
Seth Sahimram Goyal Charitable Trust Non genuineness of activity:- 6. As regards this second ground made basis for rejection of the application, Learned CIT(E) observed from the documents furnished by the applicant trust and from the failure on the part of the applicant in furnishing of requisite information as detailed in para 4 of the impugned order, that it was obvious that its activities were not verifiable, and it could not be determined whether the applicant trust was genuinely carrying on charitable activity or as per its objects.
Ld. AR for the appellant submits that few details were admittedly furnished by the applicant trust to Learned CIT(E), but some information could not be provided.
As is available from the impugned order, show cause notice was issued on 09.09.2024 for 17.09.2024. The impugned order came to be passed on 21.09.2024.
We find that there was insufficient time made available to the applicant trust to comply with the directions contained in the show cause notice dated 09.09.2024. Therefore, we deem it a fit case where the appellant should be afforded, by Learned CIT(E), reasonable opportunity of being heard.
Seth Sahimram Goyal Charitable Trust Result 10. In view of the above discussion, this appeal is disposed off for statistical purposes, and the matter is restored to the file of Learned CIT(E) for decision on the application afresh, except the issue of registration under RPT Act, 1959, which stands finalized herein. Learned CIT(E) to afford reasonable opportunity of being heard to the applicant-appellant and that too in accordance with law.
The applicant trust to comply with all the directions of Learned CIT(E) to be issued from time to time, to avoid any delay in disposal of the application. File be consigned to the record room after the needful is done by the office. Order pronounced in the open court on 06/03/2025. Sd/- Sd/- ¼xxu xks;y½ ¼ujsUnz dqekj½ (GAGAN GOYAL) (NARINDER KUMAR) ys[kk lnL; @Accountant Member U;kf;d lnL;@Judicial Member Tk;iqj@Jaipur fnukad@Dated:- 06/03/2025 *Santosh आदेश की प्रतिलिपिअग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू The Appellant- Seth Sahibram Goyal Charitable Trust, Ajmer. 1. 2. izR;FkhZ@ The Respondent- CIT(E), Jaipur. 3. vk;djvk;qDr@ The ld CIT 4. विभागीय प्रतिनिधि] आयकरअपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत सहायक पंजीकार@Aेेजज. त्महपेजतंत