AMRITADEVI PARYAVARAN AVAM SHAIKSHIK SANSTHAN, ,BALOTRA vs. CIT(EXEMPTION),, JAIPUR
Facts
The assessee trust applied for registration under section 12A of the Income Tax Act, 1961. The CIT(E) rejected the application because the assessee failed to provide a registration certificate from the Rajasthan Public Trust Act, 1959, as it had only applied for it. The assessee later obtained the required certificate.
Held
The Tribunal held that the assessee has now complied with the provisions of Section 12AB(1)(b)(i)(B) of the Act by obtaining the valid registration certificate. The CIT(E) is directed to give the assessee a reasonable opportunity to submit this certificate.
Key Issues
Whether the rejection of the registration application by the CIT(E) was justified due to non-submission of the Rajasthan Public Trust Act registration certificate, when the assessee subsequently obtained it?
Sections Cited
12A, 12A(1)(ac)(iii), 12AB(1)(b)(i), 17 of the RPT Act, 12AB(1)(b)(i)(B)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, JODHPUR BENCH, JODHPUR
PerBench:
The instant appeal of the assessee was filed against the order of the Commissioner of Income-tax, Exemption, Jaipur[in short, ‘Ld.CIT(E)] passed under section 12A of the Income Tax Act, 1961(in short, ‘the Act’) date of order23/12/2024. 2. We heard the rival submissions and considered the documents available in the record. The assessee Trust had applied in Form 10AB seeking registration
2 ITA No.28/JODH/2025 Sumitradevi Paryavaran Avam Shaikshik Sansthan under section 12A(1)(ac)(iii) of the Act filed on 29/06/2024. The Ld.CIT(E), however, asked for the registration certificate issued under Rajasthan Public Trust Act, 1959 (in short “RPT”), which the assessee could not do as the assessee had only applied for the same. The Ld.CIT(E), therefore, rejected the application for failure to comply with provisions of section 12AB(1)(b)(i) of the Act read with section 17 of the RPT Act. The aggrieved assessee filed an appeal before us.
During the hearing before the Ld.AR of the assessee submitted that the assessee has obtained the registration certificate dated 14/05/2025 bearing No.08/2025/Balotra. Copy of the certificate is duly placed before the Bench.
The Ld.DR had not made any objections against the submission of the assessee.
In our considered opinion, the assessee has complied with the provisions of Section 12AB(1)(b)(i)(B) of the Act, and now holds a valid registration certificate issued by the competent authority under the RPT Act. Accordingly, we direct the Ld. CIT(E) to afford the assessee a reasonable opportunity to submit the said certificate before him. In view of the above, the matter is remanded to the file of the Ld. CIT(E) for reconsideration of the application for registration, after due verification of the registration certificate issued under the RPT Act, and to grant the registration in accordance with the provisions of law.
3 ITA No.28/JODH/2025 Sumitradevi Paryavaran Avam Shaikshik Sansthan 6. In the result, the appeal filed by the assessee bearing ITA No.28 /JODH/2025 is allowed for statistical purpose.
Order pronounced in the open court on 28th day of May, 2025. Sd/- sd/- (DR. MITHA LAL MEENA) (ANIKESH BANERJEE) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai,दिन ांक/Dated: 28/05/2025 Pavanan
Copy of the Order forwarded to: अपील र्थी/The Appellant , 1. प्रदिव िी/ The Respondent. 2. आयकरआयुक्त CIT 3. दवभ गीयप्रदिदनदि, आय.अपी.अदि., जोधपुर/DR, ITAT, 4. JODHPUR ग र्डफ इल/Guard file. 5.
BY ORDER, //True Copy// (Asstt. Registrar), ITAT, JODHPUR
4 ITA No.28/JODH/2025 Sumitradevi Paryavaran Avam Shaikshik Sansthan
