9911796707
TMI Blog2025 (3) TMI 1264X X X X Extracts X X X X X X X X Extracts X X X X ..... short "Act") respectively. Ashoka Takniki And Vyavasayik Traning Institute Chipabrod vs. CIT(E) 2.1 In ITA No. 1414/JPR/2024 the assessee has raised following grounds: - "1. Under the facts and circumstances of the case and in law Ld CIT (E) has erred in denying the approval to the assessee u/s 80G of the Income Tax Act 1961. 2. Under the facts and circumstances of the case and in law Ld CIT (E) has erred in rejecting the application of approval u/s 80G of the Income Tax Act 1961 on the technical grounds, such action being absolutely unjustified, unlawful as well as against the concept of natural justice hence the order passed by Ld CIT (E) deserves to be quashed. 3. Under the facts and circumstances of the case and in law Ld CIT (E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the final approval to the assessee u/s 12AB of the Income Tax Act 1961. 2. Under the facts and circumstances of the case and in law Ld CIT (E) has erred in rejecting the application of final approval u/s 12AB of the Income Tax Act 1961 on the technical grounds, such action being absolutely unjustified, unlawful as well as against the concept of natural justice hence the order passed by Ld CIT (E) deserves to be quashed. 3. Under the facts and circumstances of the case and in law Ld CIT (E) has erred in further rejecting the provisional approval previously granted to the assessee u/s 12AB of the Act, such action being illogical and irrational hence deserves to be set aside. 4. Under the facts and circumstances of the case and in law L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which was thoroughly examined on record & found some discrepancies. These discrepancies were conveyed to the applicant vide show cause letter dated 06.09.2024 wherein date of hearing was given 13.09.2024. In response, the applicant-assessee had failed to furnish its reply on the above show cause. After Ashoka Takniki And Vyavasayik Traning Institute Chipabrod vs. CIT(E) perusing of show cause notice and its reply ld. CIT(E) noted that the assessee is not registered under Rajasthan Public Trust act, 1959. The assessee doing business income in the grab of the charitable activity beyond its object as the income on account of contract receipt towards Indira Rasoi Yojna neither fall in donation contribution grants or concession and therefore, Ld ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the date of application and therefore, the order of the ld. CIT(E) be sustained. 7. We have heard the rival contentions and perused material available on record. The Bench noted that the only reason in rejection of the registration of the applicant-assessee trust was that the assessee was not registered under RPT Act and therefore, the application for registration u/s 12AB of the Act was rejected. The Bench noted that since the assessee has already applied for registration under RPT Act and thereby the reasons advance for rejecting the registration of the applicant-assessee trust are curable in nature. Considering that aspect of the matter, the Bench feels that the issue of registration u/s 12AB of the be decided a fresh, based on the regi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
