FAROOK ISLAHI TRUST,KOZHIKODE vs. THE ITO EXEMPTION WARD 2, KOZHIKODE

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ITA 353/COCH/2023Status: DisposedITAT Cochin03 October 2024AY 2022-23Bench: Shri Waseem Ahmed (Accountant Member), Shri Soundararajan K. (Judicial Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the order and remanded the issue back to the CIT(Exemption) for fresh adjudication. The CIT(Exemption) is directed to consider the modified trust deed, specifically clauses 16 to 20, before passing a fresh order.

What were the facts?

The assessee trust filed an appeal against the order rejecting its application for registration under Section 12A. The CIT(Exemption) rejected the application without considering the modified trust deed dated 14.08.2019.

What were the issues?

Whether the CIT(Exemption) erred in rejecting the registration application without considering the modified trust deed. The need for fresh adjudication considering all relevant documents.

Which sections of the Income-tax Act were involved?

Section 12A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN

Before: Shri Waseem Ahmed & Shri Soundararajan K.

For Respondent: Shri Sanjit Kumar Das, CIT-DR
Hearing: 30.09.2024Pronounced: 03.10.2024

Appellant by: ------- None ------ Respondent by: Shri Sanjit Kumar Das, CIT-DR Date of Hearing: 30.09.2024 Date of Pronouncement: 03.10.2024 O R D E R Per Bench This appeal filed by the assessee is directed against the order of the Commissioner of Income Tax (Exemption), Kochi dated 24.03.2023 for Assessment Year (AY) 2022-23.

2.

At the outset, we note that the Commissioner of Income Tax (Exemption) has rejected the application for registration u/s. 12A of the Act without considering the modification of the trust deed dated 14.08.2019, particularly clauses 16 to 20 of such modified trust deed. Accordingly in the interest of justice and fair play, we set aside the issue to the file of the Commissioner of Income Tax (Exemption) for fresh adjudication as per the provisions of law after taking note of the modified trust deed, placed in the

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