SHREE NALLASOPARA STATION ACHALGACHHA JAIN SANGH SANCHALINT,MUMBAI vs. CIT III, THANE

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ITA 3753/MUM/2015Status: DisposedITAT Mumbai04 October 20173 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The tribunal dismissed the assessee's appeals as there was no substance in them. The assessee also failed to appear for multiple hearings, indicating a lack of seriousness in pursuing the appeals.

What were the facts?

The assessee trust applied for registration under sections 12AA and 80G of the Income Tax Act. The trust was registered as a Religious Trust, not a Charitable Trust, and 80G registration was denied because its activities were confined to a particular community.

What were the issues?

Whether the trust was eligible for registration as a charitable trust under Section 12AA and for deduction under Section 80G, considering its activities were confined to a specific community.

Which sections of the Income-tax Act were involved?

Section 12AA,Section 80G

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “E” BENCH, MUMBAI

Before: SHRI MAHAVIR SINGH, JM & SHRI MANOJ KUMAR AGGARWAL, AM

Per Manoj Kumar Aggarwal (Accountant Member)

1.

In the captioned appeals, the assessee trust is aggrieved by non- grant of requisite registrations u/s 12AA and 80G of the Income Tax Act, 1961. None has appeared for assessee despite notice. It is noticed that none is appearing on behalf of assessee since last several occasions as per order sheet entries. In fact, cost of Rs.5,000/- was imposed by the bench on 28/04/2016 for non- appearance. The proof of deposit of the same is not available on record. It appears that the assessee in not serious in pursuing the said appeals. Therefore, left with no option, we proceed to dispose-off the same on the basis of material available on record and after hearing Ld. Departmental Representative [DR].

2.

Facts as emanating from the records are that the Assessee Trust applied for registration u/s 12AA as Charitable Trust and also for registration u/s 80G by filing requisite forms / documents. The trust has been registered as Religious Trust on 31/01/2013 as against Charitable Trust claimed by the assessee. Further, registration u/s 80G has been denied vide impugned order of Ld. Commissioner of Income Tax-III, Thane [CIT] dated 31/01/2013 on the premises that the activities of the trust were confined to particular community. It is noted that the order of Ld. CIT is again ex-parte order since none appeared for assessee before Ld. CIT to demonstrate the fulfillment of conditions. 3. Therefore, finding no substance in assessee’s appeals, we dismiss the same. Resultantly, both the appeals filed by the assessee stands dismissed. & 2254/M/2014 Order pronounced in the open court on 04th October, 2017.

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