AMRITADEVI PARYAVARAN AVAM SHAIKSHIK SANSTHAN, ,BALOTRA vs. CIT(EXEMPTION),, JAIPUR

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ITA 28/JODH/2025Status: DisposedITAT Jodhpur28 May 2025Bench: BEFOREDR. MITHA LAL MEENA (Accountant Member), SHRI ANIKESH BANERJEE (Judicial Member)1 pages
AI SummaryRemanded

What did the Tribunal hold?

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.

What were the 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.

What were the 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?

Which sections of the Income-tax Act were involved?

Section 12A,Section 12A(1)(ac)(iii),Section 12AB(1)(b)(i),Section 12AB(1)(b)(i)(B)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JODHPUR BENCH, JODHPUR

For Appellant: Shri Amit Kothari,C.A
For Respondent: Shri Ajey Malik,CIT-DR
Hearing: 29/05/2025Pronounced: 28/05/2025

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 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.

3.

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.

4.

The Ld.DR had not made any objections against the submission of the assessee.

5.

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.

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