TMI Blog2023 (5) TMI 415X X X X Extracts X X X X X X X X Extracts X X X X ..... d for statistical purpose - ITA No. 434/Ahd/2020 - - - Dated:- 27-4-2023 - Shri Waseem Ahmed, Accountant Member And Shri T.R. Senthil Kumar, Judicial Member Assessee Represented: Shri Akshat Vithlani, A.R. Revenue Represented: Shri Vijay Kumar Jaiswal, CIT-DR ORDER PER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER:- This appeal is filed by the assessee as against the order dated 23-01-2020 passed by Ld. Commissioner of Income Tax [Exemption], Ahmedabad {ld CIT[E]} denying registration under section 12AA[1][B][ii] of the Income Tax Act, 1961 [hereinafter referred to as the Act ]. 2. The registry has noted that there is a delay of 143 days in filing the above appeal by the assessee on 13-08-2020. This period fall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... undertaking to the effect that the trust is complying all the requirements of law as are material for the purpose of its objects as enumerated in the trust deed. The assessee received second notice dated 30-12-2019 from ld. CIT[E] fixing the case for hearing on 07- 01-2020 and directed to file all the required documents. However the assessee sought for an adjournment on 06-01-2020 requesting one more week time to file the documents. Later the assessee uploaded all above documents in the ITB online portal on 20-01- 2020 and got hash value for the attached files. 5. The ld. CIT[E] vide the impugned order dated 23-01-2020 rejected the application for registration under section 12 AA of the Income Tax Act as follows: 7. In spite of spec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section, the Commissioner has to satisfy himself about the genuineness of the activities of the trust or institution and also he has to verify that these activities are in consonance with the objects of the trust or institution. Reliance in this regard is placed on judgment delivered by the Hon. Supreme Court in the case of Commissioner of Income-tax, Ujjain Vs Dawoodi Bohara Jamat Civil Appeal No. 2492 of 2014. The facts considered in para 14 of the judgment by the Hon'ble Apex Court are reproduced for sake of convenience: Section 12AA lays down the procedure to be followed by the Commissioner for grant or refusal of application for registration made under Section 12A. According to procedure so laid down, the Commissioner shall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onation received/paid, an affidavit/undertaking to the effect that the trust/institution is complying all the requirement of law as are material for the purpose of its objects as enumerated in the trust deed. The appellant has submitted the reply as on 23-Dec-2019 wide Document Reference ID: 100000396889166 by submitting as follows a. Certified copy of Trust Deed b. Certified copy registration certificate c. Reply regarding no donation has been received till the date In second reply, as on 06-Jan-2020, the appellant had asked for the adjournment for further submission and as on 20-Jan-2020 the following documents had been submitted a. an undertaking that there will be no infringement to the 1st proviso to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces, if necessity arises to dissolved or close the trust then the Implementation shall be as per the sections of the Bombay Public Trust Act, 1950 and under such circumstances, property of the trust will not be handover to any trustee, settler, donar or member or trust preparer but the debt of the trust shall be paid and the remaining property shall be handover to the Public Trust having such aims and objectives according to prevailing rules and regulations or can be handed over to institute working with same aims and objectives and the trust can be closed. If required proceedings can be done by obtaining permission from charity commissioner according to legal pro- visions of trust. 5. The Learned CIT has asked duplicate information w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the purpose of registration under section 12AA of the Act. It is seen from record that the assessee was provided two opportunities one on 24-12-2019 and another on 07-01-2020. The assessee partly complied by furnishing all the details on 23-12-2019. However further details were submitted on 20-01-2020, which is submitted by the assessee elaborately in its Grounds of Appeal. Further the Ld. CIT(E) held that there was no clause in the trust deed that the trust will not be dissolved and it is perpetual, whereas clause 18 of the trust deed specifically provides that incomes on dissolution of the Trust, the remaining property shall be handed over to another Public Trust having such aims and objectives and will be continued by the other Trust. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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