2020 (4) TMI 210 - AT - Income Tax

Exemption u/s 11 - rejecting application made for the registration u/s 12A - applicant had not filed the requisite details nor had submitted any evidence or accounts to show the charitable activities; and that the charitable and religious nature of the objectives and genuineness of the activities of the trust or institution cannot be established - Approval u/s 80G rejected - HELD THAT - There is no dispute that the observation of the Ld. CIT(E) that assessee had not filed the requisite details nor submitted any evidences or accounts to show the charitable activity; that the charitable and religious nature of the objectives and genuineness of the activities of the trust or institution cannot be established; and that charitable activity was not substantiated; are not only contrary to materials on record established by the Paper Book, but and also in contradiction with paragraphs 1 and 2 of the impugned order dated 30.09.2019 passed by the Ld. CIT(E) himself. The appellant has expressed willingness to furnish any further materials or evidences to the Ld. CIT(E) for the satisfaction of the Ld. CIT(E) if the issues in dispute are restored to the file of the Ld. CIT(E) for fresh order; and the Ld. CIT(DR) has expressed no objection to this. In view of the foregoing, we set aside the aforesaid impugned order dated 30.09.2019 of the Ld. CIT(E) and direct him to pass fresh order(s) in respect of the assessee s application for registration under Section 12AA of I.T. Act and in respect of the assessee s application for approval under Section 80G of I.T. Act; in accordance with law; after providing opportunity to the assessee to furnish any further materials or evidences that the Ld. CIT(E) may find relevant for deciding the issues regarding registration under Section 12AA of I.T. Act and approval under Section 80G of I.T. Act - Appeals by the assessee are partly allowed.

Summary

Issues involved:
- Rejection of application for registration under Section 12AA of the Income Tax Act
- Rejection of application for approval under Section 80G of the Income Tax Act

Analysis:

(A) Grounds of Appeal:
The appeals by the Assessee were consolidated for convenience and disposed of through a consolidated order. The Assessee challenged the rejection of the registration application under Section 12AA and the approval application under Section 80G. The grounds of appeal highlighted various errors made by the Commissioner of Income Tax (Exemption) in rejecting the applications.

(B) Impugned Order:
The Commissioner of Income Tax (Exemption) rejected the Assessee's applications citing lack of requisite details, evidence, and accounts to establish charitable activities' nature and genuineness. The rejection was based on the belief that the charitable activities were not substantiated. The appeals were filed against this order, and a common Paper Book containing relevant documents was submitted during the appellate proceedings.

(C) Assessee's Contentions:
During the hearing, the Assessee's counsel argued that all necessary details and documents were provided to the Commissioner as requested. The counsel pointed out discrepancies between the Commissioner's observations and the documents submitted, emphasizing the trust's charitable objectives and activities. The Assessee expressed readiness to provide further details if required for the Commissioner's satisfaction.

(D) Tribunal Decision:
After hearing both sides and reviewing the record, the Tribunal found the Commissioner's observations contradictory to the evidence presented. The Assessee's willingness to provide additional materials was noted. Consequently, the Tribunal set aside the Commissioner's order and directed a fresh decision, allowing the Assessee to submit any further relevant materials. The Commissioner was instructed to reevaluate the applications in accordance with the law.

(E) Conclusion:
The Tribunal partially allowed both appeals by the Assessee, emphasizing the need for a fair assessment based on the provided materials. The decision to set aside the Commissioner's order and allow the Assessee to furnish additional evidence showcases a commitment to a thorough and just evaluation of the applications.

This comprehensive analysis highlights the key issues, arguments presented, and the Tribunal's decision in the case concerning the rejection of the Assessee's applications for registration and approval under the Income Tax Act.