KARNATAK GOA PRADESH MAHESHWARI SABHA,BIJAPUR vs. CIT(EXEMPTION), BENGALURU

The solitary grievance as evident from the grounds of appeal in the appeal memo filed by the assessee is the rejection of application for registration u/sec. 12AA of the Income Tax Act, 1961 (for short, ‘the Act’).

We observe from perusal of the order passed by the ld. CIT(E) Karnataka Goa Pradesh Maheshwari Sabha that applicant-trust M/s.Karnataka Goa Pradesh Maheshwari Sabha had made an application in Form 10A for registration u/sec. 12AA of the Act before the Department. There were certain discrepancies detected during the process of this application and accordingly, the assessee-trust was asked to furnish various details as is enumerated in the order of ld.CIT(E). However, assessee-trust had failed to furnish registered amended Memorandum of Association (MoA). These details will enable the ld. CIT(E) to satisfy himself regarding the objects of the assessee-trust and the genuineness of its activities. Furthermore, whether assessee-trust is incompliance with the prevalent laws in force will also have to be verified. The only reason for rejection of application for registration by the Department was that assessee-trust had not filed these requisite details as called for by the office of ld. CIT(E). Therefore, in the interest of justice, we are of the considered view, one final opportunity should be given to the assessee-trust to file its relevant details specifically the registered amended MoA etc. before the ld.CIT(E) and in view thereof, we set aside the order of ld. CIT(E) and remand the matter back to his file for re-adjudication on merits as per law complying with the principles of natural justice and considering the various documents/evidences that would be furnished before him by the assessee-trust. The grounds of appeal