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2020 (12) TMI 490 - ITAT PUNEApproval u/s 80G(5) denied - CIT- A rejecting renewal of recognition in the absence of income and expenditure account for the financial year 2017-18 not having been satisfied about the charitable nature of activities of the trust or genuineness of its activities - trust was granted registration u/s. 12AA on 16.03.1984 - HELD THAT:- It is a matter of record that the due date for filing of the return of income for the assessment year 2018-19 had not expired as on the date when the notice calling for the information was issued. In any event, it is the case of the appellant that he had filed the financial statement for the financial year 2017-18 also during the course of proceedings before the ld. Commissioner of Income Tax (Exemption). Moreover, it is undisputed fact that the appellant society continues to enjoy the registration u/s. 12AA of the Act, therefore, it cannot be said that the objects of the appellant society are not charitable in nature. In any event, since the order of the ld. Commissioner of Income Tax (Exemption) is premised on the wrong assumption that the financial statements for the financial year 2017-18 were not filed. We direct the ld. Commissioner of Income Tax (Exemption) to examine the financial statements afresh and then come to conclusion as to the genuineness or otherwise of the activities of the appellant society and decide the application afresh after affording reasonable opportunity of being heard to the appellant society.
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