9911796707
TMI Blog2022 (2) TMI 104X X X X Extracts X X X X X X X X Extracts X X X X ..... he objects of the assessee as well as the genuineness of activities of the assessee. Therefore in view of these facts and circumstances we deem it appropriate to remit the matter back to ld. CIT(E) who should pass a fresh order in accordance with the provisions of law and after providing sufficient opportunity to the assessee of being heard. Appeal of the assessee is allowed for statistical purposes. - ITA No. 624/Lkw/2019 - - - Dated:- 20-1-2022 - A.D. Jain, Vice President And T.S. Kapoor, Member (A) For the Appellant : Abhinav Mehrotra, Advocate For the Respondents : Sheela Chopra, DR ORDER Per T.S. Kapoor, AM 1. This is an appeal filed by the assessee against the order of ld. CIT(E), Lucknow dated 30.9.2019. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the application of assessee is not as per law and in this respect our attention was invited to registration u/s. 12A where the requirement of filing the documents along with the application for registration were mentioned. Therefore, it was prayed that since the ld. CIT(E) has not commented adversely on the objects of the assessee, which necessarily are charitable in nature and has also not adversely commented on the genuineness of activities, therefore it was prayed that the ld. CIT(E) be directed to grant registration to the assessee. 3. The ld. CIT (DR) on the other hand, submitted that ld. CIT(E) has elaborately dealt with the application of the assessee and has rightly rejected the application of the assessee and therefore it was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed along with audit report under section 12A(b) of the Income Tax Act 1961, in Form 10B by persons registered under section 12AA of the Income Tax Act 1961 and who are in receipt of income derived from property held under a trust for charitable or religious purposes. Since the applicant is not having registration under section 12AA, he cannot file ITR in Form 7 as per law. 2. Moreover, copies of Audit Reports under section 12A(b) of the Income Tax Act 1961 have been submitted by the applicant in FORM No. 10B in respect of F.Y. ending 31.03.2016, 2017 and 2018. In these reports, the auditor has declared that it relates to IN THE CASE OF CHARITABLE OR RELIGIOUS TRUSTS OR INSTITUTIONS which is incorrect, because the applicant is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of income the applicant has already considered itself as exempted institution which is registered U/s. 12AA of the Income Tax Act and has accordingly claimed capital expenditure of ₹ 66,16,397,23/-, ₹ 26,36,469/- and ₹ 15,98,751/-. The computation of income in above three assessment years is incorrect as the applicant is not registered under section 12AA of the Income Tax Act 1961. 5. On perusal of para 4.2, as discussed above, it is clear that the applicant has submitted accounts which are incorrect, and in contravention of provisions of Income Tax Act, including Rule 7A(1)(e) of the Income Tax Rules. The provisions of Rule 17A(1)(e) provide compulsory accompaniment of the following documents, with the application U ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
