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2020 (8) TMI 674 - AT - Income TaxApplication for registration u/s.12AA rejected - Exemption u/s 11 - HELD THAT - CIT(Exemption) has analyzed legal periferi of exemption u/s.11 of the Act and registration u/s.12AA of the Act. He has not brought on record the examination of Memorandum of Articles of the assessee Trust/ Institution. CIT(Exemption) in his entire order has not dealt with the examination of the objects of the assessee Trust/Institution and has also not given specific findings on the genuineness of the activities carried on by the Trust vis- -vis facts as well as documents on records. This is more so, because the assessee Trust/Institution has not furnished the requisite details as called for by the Ld. CIT(Exemption) and therefore, we are of considered view, in the interest of justice, the Ld. CIT(Exemption) should re-adjudicate the matter on examining facts viz. (i) charitable nature of the objects of the assessee Trust/Institution (ii) genuineness of the activities carried on by the assessee Trust/Institution. Remit the matter back to his file for adjudicating the same as per directions mentioned aforesaid following the principles of natural justice. At the same time, the assessee Trust/Institution is directed to furnish requisite details as called for by the Ld. CIT(Exemption) for determining the case on merits. CIT(Exemption) should come out with a speaking order. The matter is therefore, restored to the file of the CIT(Exemption). Appeal of the assessee is allowed for statistical purposes.
Issues:
Rejection of application for registration u/s.12AA of the Income Tax Act, 1961. Analysis: The appeal arose from the rejection of the application for registration under section 12AA of the Income Tax Act by the Ld. CIT(Exemption). The assessee contended that the jurisdiction of the Ld. CIT(Exemption) is to examine the charitable nature of the objects and the genuineness of activities of the trust/institution. The Ld. CIT(Exemption) rejected the application citing lack of details on activities, income, and expenses. The Tribunal noted that the Ld. CIT(Exemption) did not analyze the Memorandum of Articles of the trust/institution or provide specific findings on the genuineness of activities. As the assessee did not furnish requisite details, the Tribunal remitted the matter back to the Ld. CIT(Exemption) for a fresh adjudication, emphasizing the examination of charitable objects and activities' genuineness. The Tribunal observed that the Ld. CIT(Exemption) failed to examine crucial aspects such as the charitable nature of the trust's objects and the genuineness of its activities. The Ld. CIT(Exemption) did not address the Memorandum of Articles or provide specific findings on the activities' genuineness. As a result, the Tribunal set aside the order and directed the Ld. CIT(Exemption) to re-adjudicate the matter, emphasizing the examination of the trust's charitable objects and activities' genuineness. The Tribunal stressed the importance of the trust providing necessary details for a thorough assessment. The Tribunal highlighted that the Ld. CIT(Exemption) did not adequately consider the charitable nature of the trust's objects and the genuineness of its activities. The Ld. CIT(Exemption) did not delve into the Memorandum of Articles or provide detailed findings on the activities' genuineness. Consequently, the Tribunal overturned the decision and instructed the Ld. CIT(Exemption) to re-evaluate the matter, focusing on the trust's charitable objects and the authenticity of its activities. The Tribunal emphasized the trust's obligation to furnish essential details for a comprehensive assessment. In conclusion, the Tribunal allowed the appeal for statistical purposes and remitted the case to the Ld. CIT(Exemption) for a fresh adjudication. The Tribunal stressed the importance of examining the trust's charitable objects and the genuineness of its activities. The trust was directed to provide necessary details for a thorough assessment, and the Ld. CIT(Exemption) was instructed to issue a comprehensive order following the principles of natural justice.
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