SOLAPUR CETP AKKALKOT ROAD MIDC ASSOCIATION,SOLAPUR vs. COMMISSIONER OF INCOME-TAX, EXEMPTION, PUNE
What did the Tribunal hold?
The Tribunal noted the admitted non-compliance with the notice but, considering the difficulties due to the Covid-19 pandemic, decided to grant one more opportunity to the assessee. The matter was remanded back to the CIT(Exemption) for a fresh decision.
What were the facts?
The assessee, a company formed to run a Common Effluent Treatment Plant, applied for registration under Section 12AA. The CIT(Exemption) denied registration, citing non-compliance with a notice seeking details of expenditure to ascertain the genuineness of activities.
What were the issues?
Whether the denial of registration under Section 12AA was justified due to non-compliance with a notice, and if a further opportunity should be granted to the assessee.
Which sections of the Income-tax Act were involved?
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- Ananda Social and Educational Trust v. CIT116 citing272 Taxmann 7 · 2020 · SC · Read judgment
Income Tax Appellate Tribunal, “B” BENCH, PUNE
Before: SHRI INTURI RAMA RAO & SHRI S.S. VISWANETHRA RAVI
The Commissioner Income Tax (Exemption), Pune. ……प्रत्यथी / Respondent Assessee by : Shri S.G. Bhutadu Revenue by : Shri Deepak Garg सुनवाई की तारीख / Date of Hearing : 25-10-2021 घोषणा की तारीख / Date of Pronouncement : 25-10-2021 आदेश / ORDER
This is an appeal filed by the assessee trust directed against the order of Ld. Commissioner of Income Tax (Exemption), Pune passed u/s 12AA(1)(b)(ii) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 30.09.2020 denying grant of registration u/s 12AA of the Act.
Brief facts of the case are that the appellant is a company registered u/s 25 of the Companies Act, 1956 in the year 2012. It is formed with the object of running Common Effluent Treatment Plant in MIDC Area. The appellant company made an application in Form No.10A for grant of registration u/s 12AA of the Act on 20.10.2019. On receipt of the said application, the ld. CIT(Exemption) called for certain information through ITBA portal on 11.11.2019 which was duly complied with by the appellant company. Subsequently, on going through the said information, the ld. CIT(Exemption) had called upon the appellant vide letter dated 13.08.2020 to file the details of expenditure incurred in order to satisfy himself as to the genuineness or otherwise of the activities carried on by the appellant company. According to the ld. CIT(Exemption), the said notice had not been complied with by the appellant company. In the circumstances, the ld. CIT(Exemption) drew an inference that the activities of the trust are not genuine, accordingly, denied the grant of registration vide letter dated 30.09.2020.
Being aggrieved by the order of the ld. CIT(Exemption), the appellant company is in appeal before us.
The ld. Counsel Shri S.G. Bhutadu submits that the ld. CIT(Exemption) was not justified in denying the grant of registration u/s 12AA of the Act as the appellant had complied with all the notices. He further submits that at the time of grant of registration the ld. CIT(Exemption) can only look into two aspects viz. (i) whether the objects of the applicant are charitable in nature or not; and (ii) genuineness of the activities carried on by the trust.
On the other hand, the ld. CIT-DR submits that the appellant company had not complied with the notices issued by the ld. CIT(Exemption). The information called for by the ld. CIT(Exemption) is only in order to satisfy himself that the activities carried on by the trust are genuine. In the absence of reaching satisfaction as to genuineness of the activities carried on by the trust, the ld. CIT(Exemption) is justified in denying the grant of registration.
We have heard rival submissions and perused the material on record. The solitary issue in the present appeal relates to the validity of justification for denial of grant of registration u/s 12AA of the Act. During the course of proceedings before the ld. CIT(Exemption), Pune, the appellant company was called upon to file certain information as to the details of expenditure incurred by it in the preceding financial year vide letter dated 13.08.2020 so as to enable the ld. CIT(Exemption) to form an opinion as to the genuineness or otherwise of the activities carried on by the appellant company. It is an admitted position that the appellant had not complied with the said notice for whatever reasons. However, keeping in view the difficulties being faced on account of Covid-19 pandemic, we are of the considered opinion that the interest of justice would be met if the matter is remanded back to the file of the ld. CIT(Exemption) to grant one more opportunity to the appellant company to comply with the notice issued on 13.08.2020 and with direction that the ld. CIT(Exemption) to decide the issue of grant of registration u/s 12AA of the Act on the touchstone of the law laid down by the Hon’ble Apex Court in M/s. Ananda Social and Educational Trust Vs. CIT & Anr. 272 Taxman 7 (SC).
Accordingly, the matter is remitted back to the file of the ld. CIT(Exemption).
In the result, the appeal filed by the assessee is partly allowed for statistical purposes.
Order pronounced in the open court on 25th October, 2021.
More judgments on Section 12AA
- Yashaswi Academy for Skills, Pune vs PCIT (Central), PuneITA 2448/PUN/2026[NA]Status: Disposed13 Oct 2026
- Yashaswi Academy for Skills, Pune vs PCIT (Central), PuneITA 2447/PUN/2026[NA]Status: Disposed13 Oct 2026
- Sri Jawahar Education Trust, Chamarajanagar vs The Income Tax Officer Ward 1…ITA 1735/BANG/2026[2016-17]Status: Disposed5 Oct 2026AY 2016-17
- Punjab Urban Planning and Development… vs Income Tax Officer, Ward 6(1), MohaliITA 636/CHANDI/2024[2021-22]Status: Disposed1 Oct 2026AY 2021-22
- Punjab Urban Planning and Development… vs Deputy Commissioner of Income Tax, Circle…ITA 635/CHANDI/2024[2017-18]Status: Disposed1 Oct 2026AY 2017-18
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