SHREE TADKESHWAR LIGNITE SUPPLIERS ASSOCIATION,SURAT vs. COMMISSIONER OF INCOME TAX (EXEMPTION), AHMEDABAD

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ITA 350/SRT/2023Status: DisposedITAT Surat30 August 2023AY 2022-23Bench: SHRI PAWAN SINGH (Judicial Member), DR. A. L. SAINI (Accountant Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the name mismatch alone should not lead to denial of registration, especially since the assessee undertook to rectify the trust deed and other documents to match the PAN. However, the genuineness of activities requires further substantiation.

What were the facts?

The assessee's application for registration under section 12AB was denied by the CIT(E) primarily due to a mismatch in the trust's name between the trust deed and the PAN, and a lack of explanation regarding the genuineness of its activities. The assessee claimed circumstances beyond their control prevented them from submitting required documents.

What were the issues?

Whether a mismatch in the trust's name between the trust deed and PAN, and failure to provide documents proving genuineness of activities, are sufficient grounds to deny registration under Section 12AB.

Which sections of the Income-tax Act were involved?

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

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SURAT BENCH, SURAT

Before: SHRI PAWAN SINGH, JM & DR. A. L. SAINI, AM

For Appellant: Shri Dinesh Radadiya, Advocate and Shri Denish Mashroowala, CA
For Respondent: Shri Ashok B. Koli, CIT(DR)
Hearing: 09/08/2023

आदेश / O R D E R PER DR. A. L. SAINI, AM: Captioned appeal filed by the assessee, pertaining to Assessment Year (AY) 2022-23, is directed against the order passed by the Learned Commissioner of Income Tax (Exemption), Ahmedabad [in short “the ld. CIT(E)”], dated 20.03.2023, wherein the CIT(E) has denied the registration on the reason that assessee has not explained the genuineness of the activities of the trust and assessee’s name was different in trust deed and in PAN number.

2.

At the outset, learned counsel for the assessee submitted that the ld. CIT(E) has denied the registration under section 12AB of the Income Tax Act, 1961, preliminarily on the reason that assessee’s name mentioned in the trust deed was different than the names mentioned in the PAN number. The ld. CIT(E) also held that assessee has not explained the genuineness of activities and has not submitted

1.

ITA.350/SRT/2023 Tadkeshwar Lignite Suppliers Association the required documents, therefore the ld. CIT(E) has denied the registration under section 12AB of the Act. The learned counsel submitted that assessee could not submitted the details and documents during the proceedings before the ld. CIT(E) because of the circumstances beyond its control, however now the assessee is ready to furnish the required details and documents before the ld. CIT(E). The learned counsel also stated that name mentioned in the PAN as “SHREE TADKESHWAR LIGNITE SUPPLIERS ASSOCIATION” accepted as the correct name of the trust and therefore the learned counsel undertook the responsibilities to get the necessary changes in the memorandum of association and trust deed, so far the name is concerned, so that name of the trust deed should be same in all the documents of the trust.

3.

On the other hand, Learned Departmental Representative (Ld. DR) for the Revenue did not have any objection if the matter is remitted back to the file of the Ld. CIT(E) for fresh adjudication.

4.

We have heard both the parties and carefully gone through the submissions put forth on behalf of the assessee along with the documents furnished and the case laws relied upon, and perused the facts of the case including the findings of the ld. CIT(E) and other material brought on record. We note that assessee has not submitted the required details and documents which were asked by the ld. CIT(E) for registration under section 12A(1)(ac)(iii)/12AB of the Act. We also note that the assessee’s name mentioned in the PAN is different and the name mentioned in the memorandum of association and trust deed is different and because of this name mismatch, the assessee should not be denied for registration. The assessee has taken the responsibility to rectify the name in other documents and trust

ITA.350/SRT/2023 Tadkeshwar Lignite Suppliers Association deed, as per the name mentioned in PAN number. Therefore, we state that ld. CIT(E) should not deny the exemption merely because there is different name in PAN and trust deed, as the assessee has undertook the responsibility to rectify the name as per PAN number. However, so far other documents and details are concerned, we note that assessee has not furnished the details and documents as required by the ld. CIT(E) to prove the genuineness of the activities, therefore we are of the view that this matter should be remitted back to the file of the ld. CIT(E) to pass the order in accordance with law. The assessee is also directed to furnish the relevant details and documents before the ld. CIT(E) to prove the genuineness of the activities of the trust and get the assessee’s trust name rectified. For statistical purposes, the assessee’s appeal is treated to be allowed.

5.

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

Order is pronounced on 30/08/2023 in the open court.

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