Registration u/s 12A and approval u/s 80G(5) earlier granted ...

Non-profit's 12A & 80G registrations cancelled citing loan default, TDS delays, PF lapses, GST dues. Tribunal set aside 12A cancellation. Approvals directed to be granted.

Case Laws Income Tax

July 23, 2024

Registration u/s 12A and approval u/s 80G(5) earlier granted were withdrawn citing grounds like money laundering, loan default, TDS shortfall, delayed PF/ESIC payments, non-accounting of retirement benefits, and GST non-payment on rent. Tribunal set aside cancellation of 12A registration. On re-application, provisional 12AB and 80G(5) registrations were granted. Loan default, though contractual breach, isn't non-compliance of law governing assessee's activities. TDS shortfall/delay has remedy under IT Act. PF/ESIC delays entail disallowance under IT Act. Non-provisioning for retirement benefits isn't statutory violation. Assessee was exempt from GST registration. No dispute on charitable objects/activities. Impugned order set aside, directing grant of 12AB and 80G(5) registrations.

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Registration u/s 12A and approval u/s 80G(5) earlier granted ...

Non-profit's 12A & 80G registrations cancelled citing loan default, TDS delays, PF lapses, GST dues. Tribunal set aside 12A cancellation. Approvals directed to be granted.

Case Laws Income Tax

July 23, 2024

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