MARY MEDIATRIX CHARITABLE TRUST,KANNUR vs. CIT, EXEMPTION, , KOCHI

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ITA 264/COCH/2024Status: DisposedITAT Cochin30 December 2024AY 2024-25Bench: SHRI INTURI RAMA RAO (Accountant Member), SHRI PRAKASH CHAND YADAV (Judicial Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT's inquiry into commercial activities was outside the scope of Section 80G(5) approval. The matter was remanded to the CIT for de novo consideration on merits.

What were the facts?

The assessee trust applied for approval under Section 80G(5) of the Income Tax Act. The CIT (Exemptions) denied the approval, citing commercial activities and delay in filing objections. The assessee appealed this decision.

What were the issues?

Whether the CIT erred in denying 80G approval based on commercial activities, which is outside the scope of the approval stage inquiry.

Which sections of the Income-tax Act were involved?

Section 80G(5)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, COCHIN BENCH

Before: SHRI INTURI RAMA RAO, AM & SHRI PRAKASH CHAND YADAV, JM

For Appellant: Shri Richard Mathew, CA
For Respondent: Shri Sanjit Kumar Das, CIT-DR
Hearing: 10.12.2024Pronounced: 30.12.2024

O R D E R Per: Inturi Rama Rao, AM This is an appeal filed by the assessee trust directed against the order of learned Commissioner of Income Tax (Exemptions), Kochi dated 29.01.2024 denying grant of approval u/s.80G(5) of the Income Tax Act, 1961 (hereinafter also called 'the Act').

2.

The appellant is a trust registered u/s.12A of the Act. It had applied for approval under clause (iii) of the first proviso to sub- section (5) of section 80G. The appellant trust filed application in Form No. 10AB under clause (iii) of first provision to sub-section Mary Mediatrix Charitable Trust (5) of section 80G of the Act on 18.07.2023. The case was posted for hearing vide letter dated 13.10.2023. During hearing discrepancies were noted and the applicant was directed to file objections, if any, on or before 21.12.2023. The applicant did not file any objections. The learned CIT (Exemptions) concluded that the applicant is engaged in commercial activities. Therefore, the learned CIT (Exemptions) denied the grant of approval on the grounds of delay.

3.

Being aggrieved, the appellant trust is in appeal before us in the present appeal.

4.

We have heard the rival contentions of both the parties and perused the material available on record. The issue whether the appellant is engaged in commercial activity or not cannot be gone into at the stage of grant of approval u/s. 80G of the Act, as such issue raised by fall outside the ambit of the scope of enquiry envisaged under sub-section (v) of section 80G of the Act. In the circumstances, we remand the matter to the file of CIT (Exemptions) with a direction to dispose of the application de novo on merits after affording reasonable opportunity of hearing to the assessee.

5.

In the result, the appeal by appellant trust stands partly allowed.

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