WE CAN,RAJOURI vs. CIT(E), CHANDIGARH, CHANDIGARH
Facts
The assessee, a society engaged in charitable activities, applied for registration under Section 12A(1)(ac)(iii) and approval under Section 80G of the Income Tax Act. The CIT(E) rejected both applications, finding that the society had not carried out substantial charitable activities since its inception in March 2021, except for a small financial assistance of Rs. 5,200, and failed to provide sufficient documentary evidence or photographs of its activities.
Held
The Tribunal observed that while the case lacked factual evidence of charitable activities as pointed out by the CIT(E), the society's stated objectives were noble. Therefore, in the interest of justice, the Tribunal remanded both matters back to the CIT(E), granting the assessee a further opportunity to produce additional documentary evidence, including photographs, for subsequent periods to prove its charitable activities and satisfy the Commissioner for registration under Section 12AB and approval under Section 80G.
Key Issues
Rejection of application for registration under Section 12A(1)(ac)(iii) and subsequent approval under Section 80G due to lack of substantial charitable activities and insufficient documentary evidence.
Sections Cited
12A(1)(ac)(iii), 12AB, 80G
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR
Before: SH. MANOJ KUMAR AGGARWAL & SH. UDAYAN DASGUPTA
Per Udayan Dasgupta, J.M.:
This appeal is filed by the assessee against the order of the ld. CIT(E) Chandigarh, dated 29.11.2024, rejecting the application for registration u/s
12A(1)(ac)(iii) of the Act, 1961 filed by the applicant on 27.06.2024.
2 I.T.A. Nos. 71 & 72/Asr/2025 Assessment Year: N.A. 2. Brief facts of the case are that the assessee is a society engaged in charitable
activities and has applied for registration u/s 12A(1)(ac)(iii) on 27.06.2024, in course
of which it was found that the assessee has not carried out any charitable activities
since inception and it emerged that it has been registered w.e.f. 09.03.2021, and till this
date in the month of Nov., 2024, no substantial activities has been carried out or
conducted by the society which can be termed as a ‘charitable activity’ except a small
amount of Rs.5,200/- provided as financial assistance for the marriage of a needy
person.
The ld. CIT(E) was of the opinion that in absence of any evidence of any
charitable activity being carried out by the society, the registration u/s 12AB is not at
all required, as such, the application for registration has been disallowed for want of
evidence of carrying out of any charitable activities at all.
Now, the matter is before the Tribunal on the following grounds:
“1. The order of worthy CIT (E) is bad in law and on facts of the case.
The worthy CIT (E) has rejected the application for grant of registration U/s 12AA on the ground that the photographs have not been provided in support of financial assistance provided to needy/poor.
The Appellant has furnished to the worthy CIT (E) receipts/vouchers in support of expenses made on account of financial aid and rejection of application on the ground that photographs have not been filed is not justifiable. Also, it has been mentioned
3 I.T.A. Nos. 71 & 72/Asr/2025 Assessment Year: N.A. that no substantial activity has been conducted by the Society yet. The Appellant requests to set aside the order of worthy CIT (E).
The Appellant craves the right to add, alter or modify any grounds of appeal before or at the time of hearing of the appeal.”
In course of hearing, the ld. AR of the assessee filed the copies of bank statement
and receipts and payment accounts along with the auditors report for the year ended 31st March, 2023 and submitted that, the total contribution receipt was only Rs.5000/-
through bank out of which funds has been withdrawn and donated for the purpose of
wedding of a needy person, as evident from the copies of the bank statement. He further
submitted that the photographs evidencing the charitable activities has not been filed
and subsequently, further activities has been carried out by the charitable organization
and it is expected that in a short time the organization will grow.
As such, he prayed for an opportunity to produce further documentary evidences
for subsequent periods as evidence of charitable activities carried out which may please
be considered for the purpose of granting of registration.
He prayed for an opportunity for furnishing such additional documentary
evidence of subsequent periods along with all photographs for carrying out of
charitable activities which may also be taken into account for determining the
registration.
4 I.T.A. Nos. 71 & 72/Asr/2025 Assessment Year: N.A. 8. The ld. DR relied on the order of the ld. CIT(E).
We have heard the rival submission and considered the materials on record and
we find that the case is devoid of factual evidences of carrying out of actual charitable
activities as righty pointed out by the ld. CIT(E).
However, considering the prayer of the ld. AR of the assessee and also
considering the charitable objects for which the society has been formed for
“safeguarding the interest of child labour, for providing of medical assistance to the
people suffering from various deceases and to take care of the depressed and helpless
peoples and to educate the illiterate, which are all very noble causes, we think in the
interest of justice, to allow the assessee one further opportunity to produce
documentary evidences, to prove the activity indeed carried out for which it has been
established with supporting photographs.
As such, we remand the matter back to the ld. CIT(E) to allow the assessee a fair
opportunity to produce the necessary documents and evidences which the ld. AR has
said to have carried out in subsequent years. We further make it clear that the
satisfaction required for granting of registration u/s 12AB lies with the ld. CIT(E) and
it is up to the ld. Commissioner to be fully satisfied with the objects and the charitable
activities carried out by the assessee and if it is found to his satisfaction, he may
proceed with the registration process as per provisions of law.
5 I.T.A. Nos. 71 & 72/Asr/2025 Assessment Year: N.A. 12. We have not expressed any opinion on merits and we leave it entirely to the
discretion of the ld. CIT(E).
As such, the appeal of the assessee is allowed for statistical purposes.
I.T.A. No. 72/Asr/2025:
This appeal is filed by the assessee against the order of the ld. CIT(E) refusing
to grant approval u/s 80G of the Act. The application of the assessee was filed in Form
10AB seeking registration u/s 12AB on 28.06.2024 which has been rejected, and
consequently, the application for approval u/s 80G has also been declined.
Since, we have already remanded the registration matter u/s 12AB to the ld.
CIT(E), we also remand this appeal back for considering the application u/s 80G afresh
in tandem with the application for registration u/s 12AB.
In the result, both the appeals of the assessee are allowed for statistical purposes.
Order pronounced in open court as on 19.12.2025
Sd/- Sd/- (Manoj Kumar Aggarwal) (Udayan Dasgupta) Accountant Member Judicial Member *GP/Sr.PS* Copy of the order forwarded to: (1) The Appellant: (2) The Respondent:
6 I.T.A. Nos. 71 & 72/Asr/2025 Assessment Year: N.A. (3) The CIT concerned (4) The Sr. DR, I.T.A.T True Copy By Order
