RETINA FORUM,NEW DELHI vs. CIT (EXEMPTIONS), NEW DELHI
What did the Tribunal hold?
The Tribunal found that the assessee had provided clarifications regarding the area of operation and the irrevocability clause. Therefore, the matter was remanded back to the CIT(Exemption) for a fresh adjudication.
What were the facts?
The assessee's application for registration under Section 12AA was rejected by the CIT(Exemption) for not specifying the area of operation and the irrevocability clause in the trust deed. The assessee later provided a resolution clarifying the area of operation and pointed out the irrevocability clause in the trust deed.
What were the issues?
Whether the CIT(Exemption) erred in rejecting the application for registration under Section 12AA without considering the subsequent clarifications provided by the assessee regarding the area of operation and the irrevocability clause.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Before: Shri H.S. Sidhu & Shri B.R.R. Kumar
ORDER Per B.R.R. Kumar, A.M.: The learned CIT(Exemption) has rejected the application filed vide Form No 10A dated 08.12.2015 seeking grant of registration u/s. 12AA on two grounds, to be precise, the assessee failed to mention the area of operation and the irrevocability clause in the deed of applicant trust. Consequent upon rejection of registration application, the application of assessee, seeking approval u/s. 80G was also rejected by ld. CIT (Exemption).
During the arguments before us, it was brought to our notice that the area of operation of the Trust will be within ‘India’ vide resolution dated 08.08.2016. The ld. AR has also brought to our notice that the irrevocability clause has been duly mentioned at para 16 of the trust deed, which deals with dissolution of the trust and in the event of dissolution, any surplus fund will not be distributed to the trustees or any other person. The Trust Deed mentions that such surplus shall be handed over to any charitable institution having similar objects.
The ld. DR, on the other hand, argued that the registration u/s. 12AA has been granted by the ld. CIT (Exemption) vide order dated 25.09.2017 and as far as the application dated 08.12.2015 is concerned, the assessee has not met the stipulated conditions. Since the assessee has brought to our notice regarding the area of operation as well as irrevocability clause/dissolution clause before us, we find it fit to remand the matter to the file of ld. CIT (Exemption) to adjudicate the matter afresh by way a speaking order, keeping in view the facts available on record.
More judgments on Section 12AA
- Yashaswi Academy for Skills, Pune vs PCIT (Central), PuneITA 2448/PUN/2026[NA]Status: Disposed13 Oct 2026
- Yashaswi Academy for Skills, Pune vs PCIT (Central), PuneITA 2447/PUN/2026[NA]Status: Disposed13 Oct 2026
- Sri Jawahar Education Trust, Chamarajanagar vs The Income Tax Officer Ward 1…ITA 1735/BANG/2026[2016-17]Status: Disposed5 Oct 2026AY 2016-17
- Punjab Urban Planning and Development… vs Income Tax Officer, Ward 6(1), MohaliITA 636/CHANDI/2024[2021-22]Status: Disposed1 Oct 2026AY 2021-22
- Punjab Urban Planning and Development… vs Deputy Commissioner of Income Tax, Circle…ITA 635/CHANDI/2024[2017-18]Status: Disposed1 Oct 2026AY 2017-18
Recent GST High Court judgments
Search GST case law →- M/S. Ut Corp vs. Union Of INDIARajasthan · 26 Oct 2026
- Sunrise Engineering vs. The State Of Andhra PradeshAndhra Pradesh · 26 Oct 2026
- M/S Kalra Traders vs. Union Of INDIAUttarakhand · 26 Oct 2026
- Ms Isoft vs. The Commissioner State TaxUttarakhand · 26 Oct 2026
- M/S Sita Enterprises vs. Office Of The CommissionerUttarakhand · 26 Oct 2026