BOMBAY VISHA NAGAR VANIK CASTE FUND,MUMBAI vs. DIT (E), MUMBAI

Briefly stated, the facts which are essential for adjudication of this appeal are that the Director of Income Tax (Exemption) rejected the application for grant of registration of the appellant on the ground that the latter failed to furnish the relevant documents and materials before him in respect of difference in the name of the applicant trust as well as its formation.

The ld counsel of the applicant trust submits that the Director of Income Tax (Exemption) failed to appreciate that the trust was established on October 22, 1880 and carried on charitable activities since then. He further submits that the Director of Income Tax (Exemption) erred in refusing the registration only on technical irregularities particularly when the trust was assessed under 1922 Act and thereafter having PAN AAATB5212F.

The ld. DR supports the order passed by the Director of Income Tax (Exemption).

We have considered the rival submissions and perused the relevant material on record. The dispute in the instant case is the prima facie difference in the name of the applicant and the date of formation of the trust. On a specific query from the Bench, the ld. counsel of the applicant submits that he is now in a position to file the original documents to clarify the name of the trust as well as its date of formation. In view of the above, we set aside the above order of the Director of Income Tax (Exemption) and restore the case to him to decide it afresh as per the provisions of the Act after giving reasonable opportunity of being heard to the applicant trust. The applicant trust is directed to file the relevant documents before the Director of Income Tax (Exemption).

In the result, the appeal is allowed for statistical purpose.