AGA VIZHI CHARITABLE TRUST,SALEM vs. CIT (EXEMPTIONS), CHENNAI
What did the Tribunal hold?
The tribunal held that the CIT(E) erred in rejecting the application on hyper-technical grounds without examining the merits of the trust's objects. The rejection was deemed unjustified.
What were the facts?
The assessee trust applied for registration under Section 12A(1)(ac)(v) of the Income Tax Act. The CIT(E) rejected the application due to perceived irregularities and inconsistencies in the submitted documents.
What were the issues?
Whether the rejection of a registration application under Section 12A(1)(ac)(v) on hyper-technical grounds is justified without considering the merits of the application.
Which sections of the Income-tax Act were involved?
Section 12A(1)(ac)(v)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI
Before: HON’BLE SHRI MANU KUMAR GIRI & HON’BLE SHRI S.R. RAGHUNATHA
AGA VIZHI Charitable Trust, Vs. The Commissioner of 204, Subam Residency, Income Tax, Chinnathirupathy, Exemption, Salem 636 008. Chennai. PAN: AAETA 5952B (अपीलाथ�/Appellant) (��यथ�/Respondent) अपीलाथ� क� ओर से/Appellant by : Shri P.M. Kathir, Advocate ��यथ� क� ओर से/Respondent by : Shri Nilay Baran Som, IRS, CIT. सुनवाई क� तारीख/Date of Hearing : 29.10.2024 घोषणा क� तारीख/Date of Pronouncement : 29.11.2024 आदेश /O R D E R PER MANU KUMAR GIRI (Judicial Member) This appeal filed by the assessee is arising out of the order of the Ld. Commissioner of Income Tax (Exemption) Chennai (in short ‘’the Ld. CIT (E)’’) dated 17.05.2024
The assessee has filed an application on 17.11.2023 in form No.10AB Rules 17A of the Income Tax Rules, 1962 (in short ‘’the Rules’’) seeking registration u/s.12A (1) (ac)(v) of the Income Tax Act, 1961 (in short ‘’the Act’’). The CIT (E) to know the genuineness of the activities of the trust has requested assessee vide letter dated 02.04.2024 through e-Filing/ ITBA portal to furnish Note on activities, Annual Accounts of the trust, financial Statements of the trust etc., either by uploading online in the e-filing portal or by Post, on or before 17.04.2024. The assessee submitted the submissions on 12.04.2024. The ld CIT(E) noticed certain irregularities / inconsistencies / anomalies and accordingly, a show cause notice dated 08.05.2024 was issued to the assessee. In response to the show cause notice dated 08.05.2024, the applicant filed letter on 15.05.2024 and stated that it has not violated any of the provisions of the law and will register the amendment after obtaining approval from the Commissioner of Income Tax and requested for the approval. However, explanation furnished by the applicant was not accepted by the ld. CIT(E) and rejected the application for registration. Aggrieved, assessee filed an appeal before us.
The ld. counsel argued the same points what is narrated in the grounds of appeal. He further submitted that as per the provisions of section 12A(1)(ac)(v), there is no facility to file such purported form, hence filed the same in letter form. Per contra, the ld.DR relied upon the order of the ld.CIT(E).
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