DNYANDHAMMA BAHUUDDESHIYA VIKAS SANSTHA,NAGPUR vs. CIT EXEMPTION, PUNE

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ITA 185/NAG/2019Status: DisposedITAT Nagpur31 July 2023Bench: PARTHA SARATHI CHAUDHURY (Judicial Member), DR. DIPAK P. RIPOTE (Accountant Member)4 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the Commissioner had not adequately discussed the objects and activities of the trust. Therefore, the order of the Commissioner was set aside for fresh adjudication.

What were the facts?

The assessee, a trust, applied for registration under Section 12A of the Income Tax Act. The Commissioner rejected the application citing a lack of credible evidence regarding the genuineness of the trust's charitable activities.

What were the issues?

Whether the Commissioner was justified in rejecting the application for registration due to insufficient evidence of charitable activities. Whether the Commissioner adequately considered the objects and nature of the trust's activities.

Which sections of the Income-tax Act were involved?

Section 12AA,Section 12A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, NAGPUR BENCH : : NAGPUR

Before: MEMBER & DR. DIPAK P. RIPOTE

For Respondent: Shri Kailash Kanojiya – Sr.DR
Hearing: 25/08/2023Pronounced: 31/08/2023

Assessee by None Revenue by Shri Kailash Kanojiya – Sr.DR Date of hearing 25/08/2023 Date of pronouncement 31/08/2023 आदेश/ ORDER

PER DR. DIPAK P. RIPOTE, AM:

1. This appeal filed by the Assessee i.e.Dnyandhamma Bahuuddeshiya Vikas Sanstha, Nagpur is directed against the order of ld.Commissioner of Income Tax(Exemption), Pune under section 12AA(1)(b)(ii) of the Income Tax Act, 1961 dated 27.05.2019. The assessee has raised the following grounds of appeal :

Dnyandhamma Bahuuddeshiya Vikas Sanstha [A]

1.

That an application e-filed on 22/11/2018 in Form 10A for registration U/s 12A of the Income Tax Act, 1961.

2.

That a questionnaire with respect to registration queries was issued on 29/11/2018, reply filed on 20/03/2019 details of charitable activities carried on during last three were uploaded on the portal. 3. Than an order dated 27/05/2019 rejecting application for registration u/s 12A due submission of details of charitable activities carried out during past three years and thereof, was passed. Whereas the same was duly uploaded and the AO could have for other relevant documents for justification of the same.” The appeal came up hearing on 25th Aug, 2023. At the 2. time of hearing, no one appeared on behalf of the assessee.

Brief facts of the case : 3. The Assessee is a Trust registered under BPT Act, 1950 vide registration number F-13198/Nagpur dated in the FY 1996- 97. The assessee trust applied for 12AA(1)(b)(ii) of the Income Tax Act, 1961.

4.

On perusal of the trust documents, charitable activities carried out and utilization of funds towards the charitable activities the ld.CIT(E) held as under : “5. In view of the above mentioned facts, the applicant trust has not furnished requisite details on the ITBA portal or otherwise to arrive at the satisfaction for genuineness of charitable activities carried out in last three years as laid down according to the provisions of section 12AA(1)(a) of the Dnyandhamma Bahuuddeshiya Vikas Sanstha [A]

IT Act. Therefore, I am not satisfied about the charitable nature of objects as well as the genuineness of activities of the trust / institution and therefore, the request for grant of registration u/s 12AA of the Income-tax Act, 1961 cannot be accepted.” 5. The ld.DR relied on the order of the ld.CIT(E).

Findings and Analysis : 6. We have heard ld.DR for the Revenue and perused the records. It is observed that ld.CIT(E) has rejected assessee’s application on the ground that no credible evidence regarding activities carried out by assessee has been filed, therefore, ld.CIT(E) stated that he was unable to draw any satisfactory conclusion about genuineness of the activities. However, the ld.CIT(E) has neither discussed about the objects of the Trust nor nature of activities carried out by the Assessee. In these facts and circumstances of the case, we set-aside the order of the ld.CIT(Exemption) to the ld.CIT(Exemption) for denovo adjudication. The ld.CIT(Exemption) shall discuss objects of the assessee, activities of the assessee trust and give categorical findings whether they are charitable or not! The ld.CIT(Exemption) shall provide opportunity to the assessee before passing the order. Accordingly, grounds of appeal raised by the assessee are allowed for statistical purpose. Dnyandhamma Bahuuddeshiya Vikas Sanstha [A]

7.

In the result, appeal of the assessee is allowed for statistical purpose.

Order pronounced in the open Court on 31st August, 2023.

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