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TMI Blog2024 (10) TMI 520X X X X Extracts X X X X X X X X Extracts X X X X ..... photographs also shows the name of the trust. However, with respect to the expenditure incurred by the assessee, nothing was provided except audited annual accounts. In the audited annual accounts for the year ended on 31/3/2019 assessee did not incur any expenditure, for the year ended on 31/3/2020 assessee has incurred expenditure on the object of the trust of ₹ 41,000, for the year ended on 31/3/2021 assessee has incurred expenditure on the object of the trust of ₹ 12,425, and for the year ended on 31/3/2022 assessee has incurred expenditure on object of the trust of ₹ 10,000. Except this no details of such expenditure are available before the approving authority. Therefore, there was no verification about the activities of the trust and expenditure incurred on such activities. Assessee has provided certain details about the activities of the trust supported with some photographs, but CIT was not satisfied with this. If this be the case, the assessee should have been issued one more letter asking for other comprehensive details as desired by the CIT. This opportunity was not provided to the assessee. Assessee also failed to provide the details of the expenditur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 023 asking for certain details by 22/6/2023. Assessee furnished certain details based on which a show cause notice was issued on 7/9/2023 raising following three points:- i. Assessee has failed to submit the note on activities in terms of the provisions of rule 17 A (2) (K) of The Income Tax Rules 1962 ii. Assessee failed to submit credible evidence in respect of activities undertaken for verification of genuineness of the activities and its accordance with the objects of the trust in terms of provisions of section 12 AB (1) (B) (i) of the act iii. To show the details of the expenditure on educational object in the financial statement of assessee along with receipts/bills/invoices of the expenditure 06. Assessee submitted its reply on 21/9/2023 by furnishing a general note on activities such as it provides scholarship, prizes and promotion for getting higher education etc and it also helps the poor students by providing financial assistance for purchase of books, stationery, school uniform etc. For showing the activities certain photographs were uploaded. 07. Based on these evidences, the learned CIT reached at a conclusion that assessee did not furnish note on activities giving de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uired details are not furnished by the assessee in the manner in which it is required, without verifying the genuineness of the activities of the trust, the registration application deserves to be rejected and provisional registration also required to be cancelled. 11. We have carefully considered the rival contention and perused the order of the learned CIT rejecting the application of the assessee for granting registration under section 12 AB of the act and cancelling the provisional registration granted under that section. We find that the learned CIT asked the assessee to submit what are the object and purpose of the trust, the activities carried on by the trust in conformity with the object of the trust and further to produce the bills and vouchers of expenses incurred by the assessee on the object of the trust. However, assessee submitted certain details as per letter dated 21/9/2023 by showing activities and further submitting certain photographs. With respect to the bills and vouchers of the expenses, assessee merely submitted the audited accounts of the trust for last three years. With respect to the objects of the trust and the activities carried on by the trust, assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... concerned person was preoccupied, he forgot to file the appeal. On enquiry by the advocate, he informed that the appeal has not been filed. On 4/10/2023 the order was given to the concerned person for filing of the appeal and consequently on 6/10/2023 the grounds were prepared and soon thereafter the appeal was filed. The learned authorized representative submitted that the delay is inadvertent, without any malafide but due to oversight. The learned departmental representative submitted that the delay is not for sufficient reason. 15. We have carefully considered the contentions for condoning the delay of 46 days in filing the appeal, we find that by filing an appeal late, the litigant does not derive any benefit but contrary to that, it hampers his legal right. In the present case, the delay is due to oversight, without any mala fide, therefore same is condoned. 16. Assessee preferred an application for recognition under section 80 G (5) of the act which is rejected by CIT exemption, Pune vide order dated 26/7/2023 for the reason that as per letter dated 12/7/2023 the assessee was intimated the discrepancies that (1) it did not contain the same certified copy of the trust deed to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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