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आयकर अपीलीय अिधकरण,च"ीगढ़ "ायपीठ “बी” , च"ीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH “B”, CHANDIGARH HEARING THROUGH: PHYSICAL MODE "ी िव"म िसंह यादव, लेखा सद" एवं "ी परेश म. जोशी, "ाियक सद" BEFORE: SHRI. VIKRAM SINGH YADAV, AM & SHRI. PARESH M. JOSHI, JM आयकर अपील सं./ िनधा"रण वष" / Assessment Year : 2023-24 Shri Nishyaji Digamber Jain बनाम The CIT(Exemptions) Near Guru Nanak College, Firozpur Chandigarh Cantt. Punjab-152001 "ायी लेखा सं./PAN NO: AADTS4158A अपीलाथ"/Appellant ""थ"/Respondent िनधा"रती की ओर से/Assessee by : None राज" की ओर से/ Revenue by : Smt. Kusum Bansal, CIT DR सुनवाई की तारीख/Date of Hearing : 12/09/2024 उदघोषणा की तारीख/Date of Pronouncement : 30/09/2024 आदेश/Order PER PARESH M. JOSHI, J.M. :
This is an appeal filed by the Assessee against the order of the Ld. CIT Exemptions, Chandigarh dt. 25/01/2024. Factual Matrix 2. An application for registration under section 12A(1) (ac)(iii) of the Act was filed by the assesee on 29/09/2023. Upon scrutiny of the above, it was found that the documents provided by the assessee are not sufficient for assessing the genuineness of the activities of the Trust. It also could not be verified from the available documents whether the assessee is complying the objects mentioned in the Trust Deed or not.
In order to examine and verify whether the activities of the trust or the institution are in accordance with its objects, the genuineness of its activities and compliance with such requirements of any other law for the time being in force as are material for the purpose of achieving its objects, a questionnaire was issued electronically on 27.10.2023 requesting the applicant to furnish the following documents/details online through e-proceedings on e-filling portal along with the supporting documents/evidence, point wise in the sequence by 13.11.2023:-
Whether the trust/society/company has been granted provisional registration u/s 12AB? If yes, please furnish the self-certified copy of the Form 10AC issued by CPC, Bangalore.
Please furnish the copy of Audit report alongwith financial statements i.e. Balance Sheet, Income & Expenditure account for the F.Yrs. 2020-21 and 2021-22. 3. Please corroborate the expenditure shown in Income & Expenditure Account with the date-wise details of charitable activities and highlight the payments thereof in Bank account statement or Cash Book. 4. Please specify the date of formation of trust/society and date of commencement of activities and furnish documentary evidence(s) to prove beyond doubt that the activities as mentioned in the MoA/trust deed/registration certificate under Societies Registration Act had actually commenced on the above mentioned date along-with the bank(s) statements to substantiate your claim. 5. Whether the application in Form 10AB has filed within six months from the commencement of activities or within the extended time limit provided vide CBDT instruction/circular/notification, if any? 6. Please furnish the self-certified copy of MoA/Trust Deed i.e. document creating or establishing the applicant. Also furnish the proofs of the identities of the main /managing trustees/ directors/president/ secretary of the institution. 7. Please furnish a self-certified copy of registration with