9911796707
TMI Blog2024 (6) TMI 974X X X X Extracts X X X X X X X X Extracts X X X X ..... three Asst. Years and requested to grant one more opportunity, so that the assessee can clarify and produce any further documents to prove the genuineness of the activities carried out by the Trust. For Registration of a Trust u/s. 12AB, different Forms to be filed with necessary documents as enumerated in Rule 17A of the I.T. Rules. Even Ld. CIT(E) is bound to dispose of the Application either for granting Registration or refusing Registration, before the expiry of six months from the end of the month in which the Application was received, u/s. 12AA(2) of the Act, after giving proper opportunity of hearing to the assessee. In this case, three hearing opportunities were given by the Ld. CIT(E), however the assessee Trust failed to file the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act ). 2. The brief facts of the case is that the assessee is a Public Charitable Trust incorporated on 10.02.1977 and is running a Primary School under the name SVS English School and Anoora Learning Centre for Kids for physically disabled kids. As per the new provisions of the Act, the assessee filed Application under section 12AB of the Act on 25.11.2022 in Form No. 10AB r.w. r. 17A of the Income Tax Rules, 1962. 3. The Ld. CIT(E) issued notice dated 17.02.2023 through ITBA on the email id given by the assessee, requesting the assessee to furnish detailed note on the activities carried out by the Trust, as well as certain details/documents mentioned therein. As there was no response to the notice, two more opportunities were given to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the trust or institution. Further, he has to ensure that other laws material for the purpose of achieving objects are complied with. . 10. As discussed above, the applicant/assessee has failed to file documentary evidences to enable me to satisfy about the genuineness of its activities and to verify these activities are in consonance with its objects. 11. Looking to the above facts, I am unable to arrive at the satisfaction of the genuineness of the activities. Hence, the present application fled in Form No. 10AB for the registration u/s. 12AB of the I.T. Act, 1961, is rejected. 4. Aggrieved against this rejection, the assessee is in appeal before us raising the solitary ground as follows: 1. The CIT(E) has erred in passing the order and r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Per contra, the Ld. CIT-DR appearing for the Revenue submitted that the Ld. CIT(E) has granted three hearing opportunities to the assessee before rejection, since he has to grant or reject any application within six months period of filing that application. The assessee having not filed the Income Tax Returns and Audit Report which made the Ld. CIT(E) not to verify the activities of the Trust and thereby denied the Registration, which does not require any interference. 7. We have given our thoughtful consideration and perused the materials available on record including the submissions and details filed by the assessee on 09.05.2023 namely detailed note on the nature of activities, previous registration u/s. 12AA and 80G(5), Copy of the Tru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arriage of justice, we find it fit and proper to provide one more opportunity of being heard to the assessee in support of its case for registration of the trust u/s. 12AB of the Act. Therefore we dispose of this appeal by restoring this issue to the file of the Ld. CIT(E) with a direction upon him to provide further opportunity of being heard to the assessee and consider the documents, evidences which the assessee would file as per the notice issued by the Ld. CIT(E). Upon considering the entire set of documents and upon affording an opportunity of being heard to the assessee, the Ld. CIT(E) to dispose of the application for grant of registration of the Trust under Section 12AB of the Act with a speaking order. Needless to say if the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X
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