9911796707
TMI Blog2023 (6) TMI 1420X X X X Extracts X X X X X X X X Extracts X X X X ..... Assessee has submitted the information as sought by the department from time to time, but content of the information shared is not discernible from the copies of acknowledgment of online submission by the assessee having name of files attached therein, however, hard copies of the documents and information submitted before ITO(E), it is clearly imminent that the assessee has complied with all the required information as requisitioned by the department. Since, the observation of the ld. CIT(E) was based on the wrong assumption that the information sought was not furnished by the assessee was a totally misconceived belief, thus, the same is bereft of merits and needs to be re-visited and the application of the assessee shall be considered aga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s hence the conditions of rule 17A(1)(c) were not complied by the assessee. The 2nd reason mentioned by the ld. CIT(E) was that the activities of the assessee were treated as working for the benefit of its members or working for the benefit of a particular group of classes i.e. Real Estate Builder and Developers, it was the observation of ld. CIT(E) that the assessee trust is primarily and substantially engaged in the field of Real Estate Construction by providing better information, new technology etc. to builders and developers. The ld. CIT(E) has further observed that the society is also charging fee from its members, rather the fees charge of the membership is the main source of income of the society and in return it provides services w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e form at bottom specific entries showing that attachments were also uploaded is evident, such attachment files are named as TRUST_CREATION.pdf, TRUST_ACCOUNTS.pdf, PUBLIC_TRUST.pdf and ACTIVITIES_NOTE.pdf. The ld. AR further submitted that the attachments were consisting of by-laws of the society, accounts, activities and all the information required along with the Form 10A as mandated by the statute. As per, ld. AR, subsequently a query letter dated 30th August 2019 was issued by ITO(Exemption)-1, Raipur, advising the assessee to submit certain information, with respect to assessee s application for grating of registration u/s 12AA, the list of the information sought by the ITO(E) includes copy of by-laws of trust /institutions and about ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f ld. AR that assessee has fully complied at all times as and when the information was sought by the department, therefore, the basis / foundation on which the registration u/s 12AA was denied is unjustified and uncalled-for. It was therefore, the prayer that the application of the assessee should be examined with the proper facts and evidence submitted by the assessee and after appreciating the facts in its entirety the registration u/s 12AA has to be granted to the assessee. 7. The ld. CIT-DR on other hand vehemently supported the order of ld.CIT(E). 8. We have considered the rival submissions, admittedly, as per documents furnished before us, on perusal of copies of those documents, it is an undisputed fact that the assessee has submitte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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