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Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: Shri Satbeer Singh Godara & Shri Amarjit Singh
O R D E R Per Bench This assessee’s appeal for A.Y. 2023-24 arises against the Commissioner of Income Tax (Exemption), Kochi’s DIN & Notice No. ITBA/EXM/F/EXM45/2022- 23/1051694330(1) dated 30.03.2023 in proceedings u/s80G of the Income Tax Act, 1961 (the Act).
Heard both the parties. Case file perused.
It emerges during the course of hearing that the learned Commissioner of Income Tax (Exemption) has refused section 80G registration application in assessee’s case thereby concluding that its relevant trust deed clauses of objectives failed to satisfy the statutory conditions therein. Learned CIT-DR vehemently Sevabharathi Erumely submits in light of the Commissioner of Income Tax (Exemption)’s findings under challenge in para 3 thereof that the mandatory clauses such as area of operation, beneficiary, investment, audit, management and dissolution clauses in the said trust deed are found to be missing all together.
Learned counsel, on the other hand, submits that the assessee has been wrongly denied the impugned registration once the very material has been considered and accepted in section 12AA registration granted on 30.03.2023.
Faced with this situation, we deem it appropriate to restore the assessee’s instant section 80G registration appeal back to the learned Commissioner of Income Tax (Exemption) for his afresh adjudication within three effective opportunities of hearing after verifying all the relevant facts. Ordered accordingly.
This assessee’s appeal is allowed for statistical purposes.