SOCIETY MOVED TO INSTILL LOVE WITH EMPATHY (SMILE),MUMBAI vs. COMMISSIONER OF INCOME TAX, CIT EXEMPTIONS MUMBAI
Facts
The assessee, a Trust registered u/s.12A and approved u/s.80G, was required to re-register under the Finance Act, 2020. The assessee incorrectly filed under sub-clause (vi) instead of sub-clause (i) of Section 12A (1)(ac), leading to provisional registration. Subsequently, the assessee applied for permanent registration on Form 10AB.
Held
The CIT(E) rejected the application for registration. The assessee contended that insufficient time was given to furnish details. The Tribunal found that the assessee had limited working days to provide details, and subsequently, all details were provided. Therefore, the matter was restored back to the CIT(E) for fresh consideration.
Key Issues
Whether the CIT(E) correctly rejected the application for registration, considering the time provided to the assessee to furnish details.
Sections Cited
12A(1)(ac)(i), 12AB, 80G
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C’ BENCH
आदेश / O R D E R PER AMIT SHUKLA (J.M): The aforesaid appeals have been filed by the assessee against order passed by ld. CIT(Exemption) rejecting the application under 12AB in Form 10AB and 80G in Form 10AB.
2 ITA No. 5736 & 5737/MUM/2024 Society Moved To Instill Love With Empathy (SMILE) 2. Before us it has been submitted that assessee is a Trust registered u/s.12A and also approval u/s.80G was granted from time to time since 18/08/1987. However, as per the Finance Act, 2020 all the trusts were required to be re-registered by 01/04/2021. The Trust as per the new provision while filing the application incorrectly filed under sub-clause (vi) instead of sub- clause (i) of the Section 12A (1)(ac). The Trust was allotted provisional registration for three years only. Thereafter, assessee applied on Form 10AB for permanent registration. Ld. CIT (E) asked for various details vide show-cause notice dated 09/07/2024, in response the assessee filed the details in two parts. However, the assessee further received notice on 18/09/2024 and 19/09/2024 asking for details to make the submissions on or before 22/09/2024. However, since there were only three working days, assessee could not submit the entire details and accordingly, the order has been passed by the ld. CIT (E). It was requested that matter should be restored back to the file of the ld. CIT (E), so that all the submissions required by him can be filed. 3. Ld. DR also does not have any objection if the matter is restored back to the file of the ld. CIT (E). 4. After considering the aforesaid fact that further details as required by the ld. CIT (E) could not be filed as there were only three working days and now before us all the details have been filed. Accordingly, the matter is restored back to the file of the ld. CIT(E) to consider these submissions and evidences and decide
3 ITA No. 5736 & 5737/MUM/2024 Society Moved To Instill Love With Empathy (SMILE) the issue afresh and pass the order in accordance with the law after giving due opportunity of hearing to the assessee. In case of approval u/s.80G, the same has been rejected on the ground that application u/s.12AB has been rejected, accordingly, this issue is also remitted back to the file of the CIT (E) to decide afresh after considering all the materials and submissions made by the assessee.
In the result, both the appeals filed by the assessee are allowed for statistical purposes. Order pronounced on 31st December, 2024.
Sd/- Sd/- (GIRISH AGRAWAL) (AMIT SHUKLA) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai; Dated 31/12/2024 KARUNA, sr.ps Copy of the Order forwarded to : 1. The Appellant 2. The Respondent. 3. CIT 4. DR, ITAT, Mumbai 5. Guard file. //True Copy// BY ORDER,
(Asstt. Registrar) ITAT, Mumbai
