VEDA SROUTHA GURUKULAM,EDAPPAL, MALAPPURAM vs. COMMISSIONER OF INCOME TAX, EXEMPTION

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ITA 170/COCH/2024Status: DisposedITAT Cochin03 October 2024Bench: Shri Waseem Ahmed (Accountant Member), Shri Soundararajan K. (Judicial Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(E) erred in rejecting the registration application based on the current level of activities, as activities can only commence effectively after obtaining registration. The matter was restored to the CIT(E) for granting registration as per law.

What were the facts?

The assessee's application for registration under Section 12A of the Income Tax Act was rejected by the Commissioner of Income Tax (Exemption) on the grounds that its activities were miniscule. The assessee appealed this decision.

What were the issues?

Whether the Commissioner of Income Tax (Exemption) can reject a fresh registration application under Section 12A based on the current 'miniscule' activities of the trust.

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 15.01.2024 u/s 12A of Income Tax Act, 1961 (hereinafter "the Act").

2.

When the appeal was called for hearing, none appeared on behalf of the assessee and there was also no adjournment application. Therefore, we proceed to hear the appeal exparte qua the assessee. 2.1 The only issue raised by the assessee is that the Commissioner of Income Tax (Exemption) erred in rejecting the registration application u/s. 12A of the Act.

3.

At the outset, we note that the assessee has been denied registration u/s 12A of the Act by the Commissioner of Income Tax (Exemption) on the reasoning that the activities of the assessee are miniscule. Therefore, it is premature to grant registration u/s 12A of the Act.

4.

Being aggrieved by the order of the ld. CIT(E), the assessee is in appeal before us.

5.

The learned CIT-DR before us vehemently supported the order the Commissioner of Income Tax (Exemption). 6. We have heard the learned CIT-DR and perused the materials available on record. It is the admitted position that the Commissioner of Income Tax (Exemption) has to verify the activities of the trust to find out whether they are in consonance with the objects of the trust. But such a condition cannot be imposed in the case of fresh registration of a trust u/s 12A of the Act. It is for the reason that the assessee could commence its activities only after having a valid registration u/s 12A of the Act in an effective manner. Thus, we are not convinced with the basis adopted by the ld. Commissioner of Income Tax (Exemption) for rejecting the application u/s 12A of the Act. Furthermore, the ld. Commissioner of Income Tax (Exemption) has not pointed out any-flaw in the objects of the trust.Nevertheless, in the interest of justice and fair play, we restore the matter to the file of the ld. CIT(Exemption) for granting registration as per the provisions of law. Hence, the ground of appeal

of the assessee is hereby allowed for statistical purposes.

7. In the result, appeal filed by the assessee is hereby allowed for statistical purposes.

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