2023 (6) TMI 1165 - AT - Income Tax

Eligible for registration u/s 12AB - application of the assessee was rejected without giving adequate opportunity to the assessee / applicant to present its case on merits - HELD THAT - As in the interest of justice, the case is being set-aside to the file of Ld. CIT(Exemption) for denovo consideration of the application of the assessee Trust for registration u/s 12AB of the Act and to pass appropriate orders after considering the documents filed by the applicant / assessee in accordance with law. Hence, the matter is being set-aside to the file of CIT(Exemption) with the above direction. Appeal of the assessee is allowed for statistical purposes.

Summary

Issues:
The appeal against the order passed by the Ld. CIT(Exemption), Ahmedabad in Application No. CIT(E)- Ahmedabad/2022-23/12AA/10237 for Assessment Year 2022-23.

Issue 1: Rejection of Application under Section 12AB

The assessee filed an application for registration of Trust under Section 12AB of the Act, but the CIT(Exemption) dismissed the application on grounds of incomplete details. The CIT(Exemption) emphasized the importance of satisfying genuineness of trust activities and compliance with trust objects. Citing the judgment in the case of Commissioner of Income-tax Vs Dawoodi Bohara Jamat, the CIT(Exemption) highlighted the necessity of documentary evidence to establish genuineness of activities. The CIT(Exemption) rejected the application due to the lack of required details, preventing verification of trust activities and alignment with trust objects.

Issue 2: Appeal and Set-Aside Decision

The assessee appealed the rejection, arguing eligibility for registration under Section 12AB and lack of opportunity to present supporting documents. The Counsel for the assessee requested a chance to comply with document submission requirements. The Ld. D.R. did not object to setting aside the matter for re-consideration by the CIT(Exemption) in the interest of justice. Consequently, the Tribunal set aside the case for denovo consideration by the CIT(Exemption) to review the application for trust registration under Section 12AB, with directions to assess the documents submitted by the assessee. The appeal was allowed for statistical purposes, and the case was remanded for further review.

This summary provides a detailed overview of the issues involved in the legal judgment, outlining the rejection of the application under Section 12AB and the subsequent appeal and set-aside decision by the Tribunal for re-consideration.