9911796707
TMI Blog2021 (10) TMI 916X X X X Extracts X X X X X X X X Extracts X X X X ..... ishing the requisite details. Therefore, in our considered view, under the peculiarity of facts narrated hereinabove, the Ld. CIT(Exemption) should have granted registration w.e.f. Assessment Year 2016-17 as requested by the assessee. - Decided in favour of assessee. - ITA No.806/DEL/2017 - - - Dated:- 21-10-2021 - SHRI G.S. PANNU, HON BLE PRESIDENT AND SHRI KUL BHARAT, JUDICIAL MEMBER Assessee by : Sh. K. R. Manjani, Adv. Revenue by : Sh. Satpal Gulati, CIT-DR ORDER PER KUL BHARAT, JM This appeal filed by the assessee is directed against the order of the learned CIT(Exemption), New Delhi, dated 30.01.2017 against the granting registration u/s 12AA of the Income Tax Act, 1961 (hereinafter referred to the Act ) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see is entitled for registration with effect from Assessment Year 2016-17 under the facts and circumstances of the present case. 4. The Ld. Counsel for the assessee submitted that the Ld. CIT(Exemption) erred in not granting the registration with effect from Assessment Year 2016-17. He contended that the action is contrary to the settled position of law. He argued that the Ld. CIT(Exemption) passed an ex-parte order rejecting the application dated 20.11.2015 on the ground that requisite details were not furnished. He contended that the Ld. CIT(Exemption) failed to appreciate the fact that letter dated 06.05.2016 seeking certain information was received much later. The ld. Counsel for the assessee contended under the facts and circumstanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has filed part details and failed to produce original trust deed for verification. Therefore, it was asked (vide this office letter No.CIT(E)/12AA/2016-17224 dated 06/05/2016) to furnish following details/documents further:- i. Bank statement of the trust since inception. ii. A copy of Balance Sheet, Income Expenditure A/c and Receipts Payments A/c for the F.Y. 2015-16 iii. Profile of the trustees in the enclosed pro forma. iv. Details of donations of ₹ 89,91,310/- received during the F.Y. 2015-16 giving name, Address, PAN of donors including modes of receipt. v. Bills/documentary evidence in support of expenditure made on food expense of ₹ 1,8,23,194/- (F.Y. 2014-15) vi. Produce original ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le in nature; (ii) The activities of the society /trust should be genuine. 5. Hence, in the absence of requisite details satisfaction w.r.t. genuineness of the activities cannot be reached. Accordingly, the application filed by the applicant for grant of registration u/s 12AA is hereby rejected. 6. The applicant is, however, at liberty to apply afresh after complying with and completing the requisite details. 7. From the order of the Ld. CIT(Exemption), it is evident that the liberty was given to the assessee to comply with and furnishing the requisite details. Therefore, in our considered view, under the peculiarity of facts narrated hereinabove, the Ld. CIT(Exemption) should have granted registration w.e.f. Assessm ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
