SHRI SALASAR SATSANG PARIWAR,BELGAVI vs. COMMISSIONER OF INCOME TAX (EXEMPTION), BANGALURU
What did the Tribunal hold?
The Tribunal found the CIT(E)'s order to be non-speaking and restored the matter back to the CIT(E) for fresh adjudication. This was done in the interest of justice, considering the subsequent registrations obtained by the assessee.
What were the facts?
The assessee applied for registration under Section 80G of the Income Tax Act. The CIT(E) rejected the application citing a lack of noticeable charitable activities. However, the assessee later obtained 12AA registration and subsequent 80G registration.
What were the issues?
Whether the CIT(E) order rejecting the 80G application was justified, and if the subsequent registrations impact the decision for the intervening period.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Self Employers Institution v. CIT47 citing247 ITR 18 · 2001 · HC
Income Tax Appellate Tribunal, PANAJI BENCH : PANAJI
Before: SHRI SATBEER SINGH GODARA & SHRI INTURI RAMA RAO
BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ITA.No.282/PAN./2019 Assessment Year 2018-2019 Shree Salasar Satsang The Commissioner of Pariwar, Shop No.9, CTS Income Tax (Exemptions), No.774, Shivkamal Complex, 6th Floor, Unity Building Sonal Galli Corner, Vadgaon, vs., Annex, P. Kalinga Rao Belagavi – 590 005 Road, Bengaluru. Karnataka PIN – 560 027. PAN AASTS9884L (Appellant) (Respondent) For Assessee : Shri Pramod Y Vaidya For Revenue : Shri N. Shrikanth Date of Hearing : 14.07.2023 Date of Pronouncement : 18.07.2023 ORDER PER SATBEER SINGH GODARA, J.M. : This assessee’s appeal for assessment year 2018- 2019, arise against the CIT(E), Bengaluru’s Order F.No.66/CIT(E)/BLR/80G/TRO(E)/19-20, dated 27.09.2019, involving proceedings u/s. 80G(5)(vi) of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties. Case file perused.
2. Coming to the assessee’s sole substantive grievance seeking sec.80G(5) registration, we note that the CIT(E),
2 ITA.No.282/PAN./2019 Bengaluru has not passed his totally non-speaking order which reads as under :
“In this case the trust had applied for grant of recognition u/s 80G of the Income Tax Act of 1961 on 29/03/2019.
The details submitted are verified. As verified from the documents and financials submitted, there are no noticeable charitable activities as on date from the date of formation of trust. Hence, in the absence of no noticeable charitable activities, the genuineness of the charitable activity could not be examined to decide to grant recognition u/s 80G of the I T Act. Hence, there is no option but to reject the application for grant of recognition u/s 80G (5)(vi) of the JT Act 1961, as not eligible. In this connection reliance is placed on the following Decisions:-
Hon'ble Kerala High Court in the case of Self Employers Institution Vs CIT reported in 247 ITR 18 has held that where there is no material before the Commissioner to be satisfied of the genuineness of the activities of the trust is a valid reason for rejection.
Accordingly, the application for recognition u/s 80G (5) (vi) of the Income Tax Act 1961 is hereby rejected.
3 ITA.No.282/PAN./2019 3. Learned counsel representing assessee inter alia has filed before us CIT(E) order(s) itself granting 12AA registration dated 21.12.2018, dated 15.03.2022 allowing sec.12AB relief as well as sec.80G registration dated 28.10.2022 as well. His case therefore, is that the assessee’s impugned substantive grievance is restricted only to the intervening period which has been claimed vide corresponding application dated 29.03.2019 filed before the CIT(E).
Faced with this situation and in light of the fact that the CIT(E) impugned order is totally a non-speaking one, we deem it appropriate to restore the assessee’s instant substantive grievance back to him in larger interest of justice for his afresh appropriate adjudication as per law, preferably within three effective opportunities of hearing. Ordered accordingly.
This assessee’s appeal is allowed for statistical purposes in above terms.
Order pronounced in the Open Court on 18.07.2023.
Similar judgments
Other orders that rely on the same authority or decide the same section.
- Malla Foundation, Mysore vs The Commissioner of Income Tax…Bangalore9 Mar 2022Remanded
Also relies on Self Employers Institution v. CIT
The Tribunal noted that the same officer granted Section 12AA registration a day prior, making the refusal for Section 80G inconsistent. It held that the commencement of activities is not a prerequisite for 80G approval ...
- Vijay Kumar Bajoria Foundation, Kolkata vs CIT(Exemptions), KolkataKolkata19 Apr 2017Allowed
Also relies on Self Employers Institution v. CIT
The Tribunal held that the CIT(Exemption) had not doubted the charitable objects of the trust. The Tribunal found that the trust had carried out charitable activities by making donations and that there was no material to...
- Dipl Foundation Sco No.327-328, Sec-20… vs CIT Exemptions Chandigarh, ChandigarhDelhi14 Nov 2024Remanded
Also relies on Self Employers Institution v. CIT
The Tribunal observed that the CIT(E) rejected the applications based on generic grounds without adequately considering the assessee's documents and explanations. Consequently, the Tribunal set aside the CIT(E)'s orders ...
- Rajasthan Creative Alliance Network, Jaipur vs CIT (Exemption), JaipurJaipur15 Nov 2021Remanded
Also relies on Self Employers Institution v. CIT
The Tribunal held that while a newly registered trust can apply for registration based on its proposed activities, an older entity that has not undertaken any activities for a long time requires closer scrutiny. The CIT(...
- Sri Saravu Mahalinga Bhat Foundation… vs The Commissioner of Income Tax…Bangalore6 Oct 2021Remanded
Also relies on Self Employers Institution v. CIT
The Tribunal held that the absence of commenced charitable activities is not a valid ground for rejecting an application for Section 80G recognition, especially when the trust has already obtained registration under Sect...
More judgments on Section 80G(5)(vi)
- Samvedna Foundation Trust, Agra vs ITO, Ward Exemption, AgraITA 496/AGR/2026[2025-26]Status: Disposed12 Oct 2026AY 2025-26
- Sri Vrindavana Gokula Charitable Trust… vs CIT (Exemptions), BengaluruITA 1554/BANG/2026[2026-27]Status: Disposed24 Sept 2026AY 2026-27
- Creative Foundation, Nandurbar vs Commissioner of Income Tax (Exemptions)…ITA 1502/PUN/2026[2026-27]Status: Disposed23 Sept 2026AY 2026-27
- Ladali Goshala Seva Sanstha, Daund vs Commissioner of Income Tax (Exemption), PuneITA 641/PUN/2026[2025-2026]Status: Disposed3 Sept 2026AY 2025-2026
- The Pyramid Spiritual Trust (Hyderabad)… vs ITO (Exemption) Ward 1(3), HyderabadITA 346/HYD/2026[2019-20]Status: Disposed2 Sept 2026AY 2019-20
Latest GST High Court judgments
Search GST case law →- Mohit Jain vs. Union Bank Of INDIAMadhya Pradesh · 26 Oct 2026
- Capri Global Capital LTD Through Represented By Its Law Officer Mr. Varun Kaljoria vs. The State Of Madhya Pradesh Through Principal SecretaryMadhya Pradesh · 26 Oct 2026
- Gopal Yadav vs. Union BankMadhya Pradesh · 26 Oct 2026
- Infinix Inftoech vs. Utkarsh Small Fianance BankMadhya Pradesh · 26 Oct 2026
- Chandra Shekhar Dayar vs. Hdfc BankMadhya Pradesh · 26 Oct 2026