KEEDAY MAKAUDAY FOUNDATION,JAIPUR vs. CIT(EXEMPTION) JAIPUR, JAIPUR

ITA 418/JPR/2022Status: DisposedITAT Jaipur30 January 2023AY 2022-23Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)15 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal condoned the one-day delay in filing the appeal. It noted that the CIT(Exemption) rejected the application without properly considering the assessee's reply and the material on record, particularly regarding the charitable nature of its objects.

What were the facts?

The assessee foundation applied for registration under Section 12AB of the Income Tax Act. The CIT(Exemption) rejected the application, citing that the objects of the foundation had elements of commercial/business nature and were not purely charitable, and also that the assessee failed to provide sufficient details.

What were the issues?

Whether the objects of the foundation are charitable in nature as per Section 2(15) of the Income Tax Act, and whether the CIT(Exemption) properly considered the submitted documents before rejecting the application for registration.

Which sections of the Income-tax Act were involved?

Section 12AB,Section 2(15)

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Income Tax Appellate Tribunal, JAIPUR BENCHES,’B’ JAIPUR

Before: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;djvihy la-@ITA No. 418/JP/2022

For Respondent: Shri Ajay Malik, CIT -DR
Hearing: 24/01/2023Pronounced: 30/01/2023

PER: RATHOD KAMLESH JAYANTBHAI, AM This appeal by the assessee is directed against the order of the ld. CIT(Exemption), Jaipur dated 28-09-2022 for the assessment year 2022-23 in the matter of registration u/s 12AB of the Income Tax Act, 1961. The grounds of appeal raised by the assessee are as under:- ‘’1. The ld. CIT(Exemption) erred in law and on facts in rejecting the application for registration u/s 12A of the Act.

The order continues below.

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