BHAGWATI FOUNDATION,KOLKATA vs. CIT (EXEMPTION), KOLKATA

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ITA 1836/KOL/2024Status: DisposedITAT Kolkata02 December 2024AY 2023-2024Bench: SHRI RAJESH KUMAR (Accountant Member), SHRI PRADIP KUMAR CHOUBEY (Judicial Member)4 pages

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

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the rejection of registration solely on the technical ground of missing clauses in the trust deed, when a resolution adopting them was passed and the trust was functioning regularly, was incorrect. The Tribunal relied on High Court and Tribunal decisions supporting this view.

What were the facts?

The assessee, Bhagwati Foundation, applied for registration under Section 12A(1)(ac)(iii) of the Income-tax Act. The CIT(E) rejected the application, stating the trust deed lacked irrevocability and dissolution clauses, despite the trustees passing a resolution adopting these clauses.

What were the issues?

Whether the denial of registration under Section 12A(1)(ac)(iii) is justified solely on the absence of irrevocability and dissolution clauses in the trust deed, when a resolution adopting these clauses was passed.

Which sections of the Income-tax Act were involved?

Section 12A(1)(ac)(iii)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, KOLKATA

For Appellant: Shri Devesh Poddar, AR
For Respondent: Shri Praveen Kishore, CIT DR
Hearing: 20.11.2024Pronounced: 02.12.2024

This is an appeal preferred by the assessee against the order of the CIT (Exemption), Kolkata(hereinafter referred to as the “Ld. CIT(E)”] dated 31.07.2024 for the AY 2023-24.

2.

The only issue raised by the assessee in the various grounds of appeal is against the order of ld. CIT (E), Kolkata, refusing to grant approval of Section 12A(1)(ac)(iii) of the Income-tax Act, 1961 (the Act), on the ground that the trust deed of the trust is not having irrevocability Clause or Dissolution Clause by ignoring the facts that both the clauses were adopted by the trustees by resolution dated 28.07.1986.

3.

The facts in brief are that the assessee filed application u/s 12A(1)(ac)(iii) of the Act in Form No.10AB on 02.01.2024.

4.

Aggrieved by the order of CIT(E) , the assessee preferred an appeal before the Tribunal and submitted that the CIT(E) has simply rejected the application for registration filed by the assessee on the ground that the trust deed does not contain irrevocability and resolution clause. The ld. AR subsequently submitted before us that this cannot be ground for rejection. The ld. AR submitted the main object of the trust are contain and mentioned in the trust deed and were not doubted at all by the CIT(E) and the application for registration has been rejected on technical ground only. The assessee submitted the trust has been functioning regularly and has been carrying on its activities accordance with the main objects which were never doubted. The ld. AR submitted that merely on the basis that the trust

5.

The ld. DR on the other hand, relied on the order of CIT(E) by submitting, since, the above clauses as regards dissolution / irrevocability were not there, therefore, registration was rightly rejected by the CIT(E).

6.

After hearing the rival contentions and perusing the materials available on record, we find that the trust has regularly functioning since its inception and pursuing its objects as prescribed in trust deed. The trust was registered vide registration no. 1556/CT/BE23486-87 dated 10.07.1989. The Revenue has not either doubted the nature of activities carried on by the assessee trust nor any adverse remarks were ever drawn in the instant case. The registration is rejected merely on the ground trust deed did not contain the dissolution and irrevocability clause. Moreover, we note that the assessee has already filed a resolution adopted by the management committee, wherein the dissolution and irrevocability clause were already adopted and finally incorporated into the trust deed. In our opinion, the case of the assessee was squarely covered by the decision of the Rajasthan High Court in case of Shri Narshinghji Ka Mandir (supra), wherein the Hon'ble court has held that

7.

In the result, the appeal of the assessee is allowed.

Order pronounced in the open court on 02.12.2024.

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