MARY MATHA ADORATION CONVENT,THRISSUR vs. THE CIT (EXEMPTION), KOCHI

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ITA 543/COCH/2018Status: HeardITAT Cochin09 November 2022AY 2017-183 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the matter to the CIT(Exemptions) to grant the assessee another opportunity to substantiate its case with sufficient documents. The appeal was allowed for statistical purposes.

What were the facts?

The assessee trust applied for registration under Section 12AA, which was rejected by the CIT(Exemptions) because the trust's objects and activities could not be ascertained from the submitted accounts. The assessee appealed this rejection.

What were the issues?

Whether the CIT(Exemptions) was justified in rejecting the registration application solely on the grounds of insufficient documentation regarding the trust's activities and objects.

Which sections of the Income-tax Act were involved?

Section 12AA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN

Before: HON’BLE SHRI SATBEER SINGH GODARA, J.M & HON’BLE SHRI MANOJ KUMAR AGGARWAL, A.M

आयकर अपील सं./ (िनधा�रण वष� / Assessment Year: 2017-18) Mary Matha Adoration Convent CIT (Exemptions), C/o. Mathew F.C.A., P.V. Chacko & Co., Kochi. बनाम/ Chartered Accountants, Vs. Palackal Court, P.B. no.3587, M.G. Road, Ernakulam – 682 035. �थायी लेखा सं./जीआइ आर सं./PAN/GIR No. AAFTM-1318-Q (अपीलाथ�/Appellant) : (��थ� / Respondent) अपीलाथ� की ओरसे/ Appellant by : None ��थ� की ओरसे/Respondent by : Smt. J.M. Jamuna Devi (Addl.CIT) – Ld. DR सुनवाई की तारीख/Date of Hearing : 09-11-2022 घोषणा की तारीख /Date of Pronouncement : 09-11-2022 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2017-18 arises out of the order of learned Commissioner of Income Tax (Exemptions), Kochi [CIT(E)] dated 27-09-2018 denying registration to the assessee u/s 12AA.

2 - 2. At the time of hearing, none appeared for the assessee and accordingly the appeal was disposed-off with the able assistance of ld. Sr. DR.

3.

Upon perusal of impugned order, it could be seen that the assessee trust applied for registration u/s. 12AA of the Act which was rejected primarily on the ground that the objects and activities of the Trust could not be ascertained from the statement of accounts filed and therefore, the genuineness of the activities could not be ascertained. Aggrieved, the assessee is in further appeal before us.

4.

Before us, the assessee has filed written submissions and various documents in support of its case and plead for grant of registration. Considering the fact that the registration has been denied to the assessee for want of sufficient documents, we deem it fit to grant another opportunity to the assessee. Accordingly, the matter of registration stand restored back to the file of Ld. CIT(E) with a direction to the assessee to substantiate its case.

5.

In the result, the appeal stands allowed for statistical purposes. Order pronounced on 09th November, 2022.

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