M/S GLOBAL LEADERSHIP MINISTRY TRUST,BANGALORE vs. ADIT, BANGALORE

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ITA 1424/BANG/2012Status: DisposedITAT Bangalore06 May 20164 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the order of the CIT(E) and restored the matter for fresh adjudication. The CIT(E) was directed to re-examine the issue after giving the assessee an opportunity to be heard and to present relevant evidence regarding its activities.

What were the facts?

The assessee, a trust engaged in charitable activities, was denied recognition under Section 80G of the Income-tax Act, 1961, by the Director of Income Tax (Exemption). The denial was primarily because some of the assessee's activities were considered religious in nature.

What were the issues?

Whether the denial of Section 80G recognition is justified solely on the basis of some religious activities, and whether the CIT(E) properly adjudicated the issue considering the assessee's Section 12A registration and activities.

Which sections of the Income-tax Act were involved?

Section 80G,Section 12A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH : BANGALORE

Before: SHRI SUNIL KUMAR YADAV & SHRI ABRAHAM P. GEORGE

For Appellant: Shri Balram R. Rao, Advocate
For Respondent: Shri Binod Kumar Singh, CIT(DR-I)
Hearing: 02.05.2016Pronounced: 06.05.2016

Per Sunil Kumar Yadav, Judicial Member

1.

This appeal is preferred by the assessee against the order of Director of Income Tax (Exemption) [CIT(E)], Bangalore dated 01.08.2012 denying the benefit of recognition u/s. 80G of the Income-tax Act, 1961 [hereinafter called “the Act”].

2.

It has been brought to our notice that there is a delay of 8 days in filing of appeal for which application for condonation of delay is filed and having carefully examined it, we find that there is reasonable cause for delay and we accordingly condone the same and admit the appeal for hearing.

3.

During the course of hearing, ld. counsel for the assessee has invited our attention that assessee has been granted registration u/s. 12A of the Act and was engaged in charitable activities, but the benefit of recognition u/s. 80G was denied only for the reason that some of the activities of the assessee are religious in nature. The ld. counsel for the assessee further placed reliance upon the order of the Tribunal dated 24.08.2011 in the case of M/s. Jesus Heals Mission Trust v. ITO in with the submission that under identical circumstances, the Tribunal has set aside the order of CIT and directed him to adjudicate the issue afresh in light of the specific contentions raised by the assessee.

4.

The ld. DR, on the other hand, has contended that before the CIT(E), most of the time assessee sought adjournments and has not pleaded its case effectively. On account of non-cooperation of the assessee, the CIT(E) was forced to adjudicate the issue on the basis of material available on record.

5.

Having carefully examined the order of ld. CIT(E), we find that on a number of occasions assessee sought adjournment for one reason or the other and therefore CIT(E) has adjudicated the issue on the basis of material available on record and denied the recognition u/s. 80G of the Act. On a careful perusal of the order of CIT(E), we find that assessee has not put forth his case before the CIT(E) by placing the relevant evidence with regard to its nature of activities and the ld. CIT(E) was forced to adjudicate the issue on the basis of material available on record. Having carefully examined the order of ld. CIT(E), we find that assessee has already been granted registration u/s. 12A of the Act and the ld. CIT(E) should have examined the issue in light of the registration granted u/s. 12A of the Act and the activities undertaken by the assessee. It is also not clear from the order of CIT(E) as to how much percentage of activities of the assessee was religious in nature. We therefore, to meet the ends of justice, set aside the order of CIT(E) and restore the matter to his file with a direction to re- adjudicate the issue afresh, after affording opportunity of being heard to the assessee. The assessee is also directed to extend all cooperation and file all relevant evidence before the CIT(E) so that he can take a proper view.

6.

In the result, the appeal of assessee stands allowed for statistical purposes.

Pronounced in the open court on this 6th day of May, 2016.

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