Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2022 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (11) TMI 9 - AT - Income TaxExemption u/s 11 - seeking registration u/s. 12A(1) - registration denied as assessee has failed to satisfy as to genuineness of its activities as well to charitable nature of its objects - HELD THAT:- The assessee is consistently not attending the proceedings before the Division Bench, on all the occasions on 20.03.2022, 23.05.2022, 24.05.2022, 05.07.2022 and 24.08.2022 when this appeal was called for hearing before Division Bench, wherein none appeared on behalf of the assessee nor any adjournment application was filed on behalf of the assessee, except only on one occasion on 22.3.2022 when adjournment application was moved on behalf of the assessee which stood allowed by Division Bench. Keeping in view the entire conduct of the assessee as well after carefully consideration of material on record, we are of the considered view that CIT(E) has rightly rejected the application filed by the assessee for grant of registration u/s. 12A(1) of the 1961 Act, as the assessee has failed to satisfy as to genuineness of its activities as well to charitable nature of its objects, and further there are transactions/dealings with related parties covered u/s.13(1)(c) read with Section 13(3) and based on facts and circumstances of the case the benefit is given to related parties covered u/s 13(3). Reference is also drawn to the provisions of Section 114(g) of the Indian Evidence Act, 1872, that evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it. Assessee in the instant case failed to produce relevant evidences, entire material on records, facts and circumstances of the case, we dismiss this appeal filed by the assessee.
|