M/S PUNJABI UNIVERSITY,PATIALA vs. CIT (EXEMPTIONS), CHANDIGARH
What did the Tribunal hold?
The Tribunal held that the CIT(Exemptions) erred in rejecting the application solely based on the non-filing of past returns and absence of PAN. The genuineness of objects and activities are the primary criteria for registration.
What were the facts?
The assessee society applied for registration under Section 12A of the Income Tax Act, 1961. The CIT(Exemptions) rejected the application, citing the assessee's failure to file income tax returns in the past and lack of PAN.
What were the issues?
Whether the CIT(Exemptions) can reject a Section 12A registration application solely on the grounds of non-filing of past returns and absence of PAN, without examining the genuineness of the assessee's activities.
Which sections of the Income-tax Act were involved?
Section 12A,Section 139(4C)(e)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DIVISION BENCH ‘B’, CHANDIGARH
Before: SHRI SANJAY GARG & MS.ANNAPURNA GUPTA
per the provisions of section 12AA of the Act after
examining the financial statements and other relevant
documents which the Ld.CIT(E) considers necessary for
arriving at the prescribed satisfaction of the genuineness of
the objects and activities of the assessee university. We
may further add that the Ld.CIT(E) while doing so, take
cognizance of the document submitted by the Ld. counsel
for assessee stating that it was granting degrees to old
students by conducting examination on collecting fees and
seek justification of the quantum of fees so collected per
student so as to rule out that the university is indulging in
any act involving earning of profits. We further add that the
applicant University be granted due opportunity of hearing
in this regard. We therefore restore the matter back to the
file of the Ld.CIT(E) to examine the application of the
applicant University afresh and thereafter pass an order
in accordance with law.
In the result, the appeal of the applicant University is allowed for statistical purposes.
Order pronounced in the Open Court.
Sd/- Sd/- (SANJAY GARG) (ANNAPURNA GUPTA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated : 16th April, 2018 *Rati* Copy to: 1. The Appellant 2. The Respondent 3. The CIT(A) 4. The CIT 5. The DR Assistant Registrar, ITAT, Chandigarh
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