MATA BHUVANESHORI ASTHAPAN COMMITTEE,JAMMU vs. CIT(E), CHANDIGARH, CHANDIGARH
Facts
The assessee, Mata Bhuvaneshori Asthapan Committee, applied for registration under section 12A(1)(ac)(iii) and approval under section 80G of the Income Tax Act, 1961. Both applications were rejected by the CIT(E) due to non-compliance with Rule 17A(2)(c) because the society had not re-registered under the Jammu and Kashmir Societies Registration Act 1998, a requirement stemming from the reorganization of J&K into a Union Territory.
Held
The tribunal remanded both matters back to the CIT(E) for fresh adjudication. It directed the assessee to obtain and submit the fresh re-registration certificate from the Registrar of Societies, J&K, along with other supporting documents. The CIT(E) was instructed to provide a reasonable opportunity of being heard and proceed with the applications afresh upon receipt of the required certificate.
Key Issues
Whether the applications for 12A registration and 80G approval could be rejected solely due to the assessee's pending re-registration under the Jammu and Kashmir Societies Registration Act 1998, leading to non-compliance with Rule 17A(2)(c) of the IT Rules.
Sections Cited
Income Tax Act, 1961: Section 12A(1)(ac)(iii), Income Tax Act, 1961: Section 12AA, Income Tax Act, 1961: Section 80G, Income Tax Rules, 1962: Rule 17A(2)(c), Jammu and Kashmir Societies Registration Act 1998, Income Tax (Appellate Tribunal) Rules, 1963: Rule 34(4)
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Income Tax Appellate Tribunal, AMRITSAR BENCH: AMRITSAR.
Before: SH. UDAYAN DAS GUPTA & SH. BRAJESH KUMAR SINGH
IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH: AMRITSAR. BEFORE SH. UDAYAN DAS GUPTA, JUDICIAL MEMBER AND SH. BRAJESH KUMAR SINGH, ACCOUNTANT MEMBER
I.T.A. No. 18 & 19/Asr/2025 Assessment Year.: N/A Mata Bhuvaneshori Asthapan Vs. Commissioner of Income Committee 419, B -2, Muthi, Tax, (Exemptions), Vinayak Nagar Upper Muthi Chandigarh. Jammu, and Kashmir. [PAN: AAOAM3428K] (Respondent) (Appellant)
Appellant by Sh. U. K. Handoo, CA. Respondent by Sh. M.S. Nethrapal, CIT. DR Date of Hearing 29.05.2025 Date of Pronouncement 30.06.2025 ORDER Per: Udayan Das Gupta, J.M.:
This appeal is filed by the assessee against the order of the ld. Commissioner of Income Tax (Exemptions), Chandigarh, dated 13.12.2024 rejecting the application for registration u/s 12A(1)(ac)(iii) of the Act 1961 due to non- compliance with provisions of Rule 17A (2)(c) of the Income Tax Rules 1962.
ITA 18/ASR /2025 2. The grounds taken by the assessee in memorandum of appeal are as follows:
I.T.A. No. 18 & 19/Asr/2025 Assessment Year.: N/A 2
“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 exemption u/s 12AA of the Income Tax Act, 1961 on mere ground that the society is not registered under Societies Registration Act, 1860.
The appellant has already filed the renewal application to the Registrar of Societies-and the same is in process. On account of change in status of the J&K State to UT, the laws applicable of renewal of registration changed & there was requirement to renew the registration. The appellant submitted the acknowledgement of renewal application to the worthy CIT (E) j & inspite of that, the application for grant of registration u/s 12AA was rejected. The Appellant requests for setting aside the order of the 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.”
Brief facts emerging from the record are that the assessee is a society
registered under the Societies Registration Act 1998 under the hand of the Registrar
of Society Jammu and Kashmir government, Jammu. Application for registration u/s
12A(1)(ac)(iii) of the Act, has been filed by the assessee on 27.06.2024 before the
ld. CIT(E) Chandigarh. In order to verify the genuineness of the activities and the
object of the society, queries has been raised in the e-filing portal and in absence of
required documentary evidences the application for registration was held to be
I.T.A. No. 18 & 19/Asr/2025 Assessment Year.: N/A 3
incomplete and deficient without material evidences. It was further observed that the
society was registered under the Registration of Societies Act vi of 1998 vide Notification No. 34 of 2019 dated 9th August 2019 it has been directed under the
Jammu and Kashmir Societies Registration Act 1998 that the society has to be re-
registered and on perusal of the documents it is found that the said assessee society
has not been re-registered under the said Act till date. In absence of proper certificate
of registration being granted by the registrar of societies under the J & K Societies
Registration Act 1998, the application for registration u/s 12A(1) could not be
entertained because the same is not incompliance with Rule 17A (2)(c) of the IT
Rules 1962, because the application before the ld. CIT(E) is supposed to be
accompanied by a self-certified copy of registration granted by the Registrar of
Societies, without which the application for registration u/s 12A under the IT Act 61
could not be proceeded with or cannot be accepted as complete.
In course of hearing before the tribunal the ld. AR of the assessee submitted
that the assessee has already filed an application for renewal of registration (Re-
registration) before the appropriate authorities of Jammu and Kashmir, and the said
application is under process.
4.1 The ld. AR further submitted that on account of reorganisation of the state of
Jammu and Kashmir to Union Territory of the J & K, laws applicable for renewal of
registration has also under gone some changes.
I.T.A. No. 18 & 19/Asr/2025 Assessment Year.: N/A 4
4.2 However, he submitted that the assessee is pursuing the matter with the
appropriate authorities and the fresh registration certificate shall be submitted before
the ld. Commissioner of Income Tax (Exemptions), Chandigarh as soon as the same
is obtained. The ld. AR has requested for remanding the matter to the file of the ld.
CIT(E), and he has declared in the open court that he will be submitting the necessary
registration certificate obtained from the Registrar of Societies J & K within a very
short period of time and he prayed that the ld. CIT(E) may please be directed to
proceed with the registration process after receipt of the said certificate from the
Registrar of the Societies J & K.
The ld. DR has no objection if the matter is remanded back to the file of the
ld. CIT(E) for fresh adjudication after compliance with necessary deficiency.
We have heard the rival submissions and considered the materials on record
and we find that proper re registration certificate needs to be granted by the Registrar
of Societies under the Societies Registration Act 1998 (in accordance with
notification no. 34 of 2019 dated 09.08.2019).
6.1 In the instant case, since the re-registration certificate is pending, the
provisions of Rule 17A of the IT Rules 1962 cannot be complied with, without which
the application for registration under the IT Act 1961 cannot be proceeded with.
6.2 As such, we remand this matter back to the file of the ld. CIT(E) for
consideration of the application for registration afresh after submission of the fresh
I.T.A. No. 18 & 19/Asr/2025 Assessment Year.: N/A 5
registration certificate by the assessee, to be obtained, as per provisions of law. We
also direct the assessee to file all other supporting documentary evidences as per
queries already raised by the ld. CIT(E) in the notice, to prove the genuineness of
the activities and the charitable objects of the society. The ld. CIT(E) shall provide
a reasonable opportunity of being heard to the assessee and shall proceed with this
application afresh as per provision of law after receipt of the registration certificate
issued by the Registrar of Societies, J & K, which is to be submitted by the assessee,
as declared by him in the court.
6.3 We have not expressed any opinion on merits and all legal issues are kept
open.
6.4 In the result, this appeal of the assessee is allowed for statistical purposes.
ITA No. 19/ASR/2025
This appeal is by the assessee against the rejection of approval.
The application for approval u/s 80G of the Act 1961 has been filed by the
assessee on 29.06.2024 in Form N0. 10 AB, which has been rejected on the ground
that the application of registration u/s 12A (1)(ac)(iii) has been rejected.
We have already remanded the matter back to the ld. CIT(E) in ITA
18/Asr/2025 and we also remand this matter back to the file of the ld. CIT(E) for
adjudication afresh. Our observation in the above appeal shall apply mutatis
I.T.A. No. 18 & 19/Asr/2025 Assessment Year.: N/A 6
mutandis to this appeal also, and we remand this appeal for fresh consideration in
coordination with the application for registration u/s 12A, and shall be disposed of
accordingly. This appeal is also allowed for statistical purposes.
In the result, both the appeals of the assessee bearing ITA Nos. 18 &
19/Asr/2025 are allowed for statistical purposes.
Order pronounced on 30.06.2025 at Amritsar, Punjab in accordance with Rule 34(4) of the Income tax (Appellate Tribunal) Rules, 1963.
Sd/- Sd/-
(BRAJESH KUMAR SINGH) (UDAYAN DAS GUPTA) Accountant Member Judicial Member
Copy of the order forwarded to: (1)The Appellant (2) The Respondent (3) The CIT (4) The DR, I.T.A.T.
