9911796707
TMI Blog2023 (10) TMI 547X X X X Extracts X X X X X X X X Extracts X X X X ..... ication of assessee-trust for registration under Section 12AB of the Income Tax Act, 1961 (in short, the Act). The assessee has raised following grounds of appeal: "(1) The learned CIT(Exemption) was not justified in rejecting application u/s 12AB, particularly when all the details sought were fully complied. (2) The learned CIT(E) took a very narrow view in the matter and was driven by extraneous consideration. (3) The appellant craves leave to add, alter or vary any of the grounds of appeal." 2. Brief facts of the case are that the assessee is filed an application for registration under Section 12AB of the Act in Form 10AB in accordance with Rule 17A of the Income Tax Rules, 1962, (in short, the Rules) on 07/09/2022 . The assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act makes it clear that before granting registration, he has to satisfy himself about genuineness of the activities of the trust and to verify that activities are in consonance with object of the trust or institution. Aggrieved by the order of ld. CIT(E), the assessee has filed present appeal before this Tribunal. 3. We have heard the submissions of learned Authorized Representative (ld. AR) of the assessee and the learned Commissioner of Income Tax-Departmental Representative (ld. CIT-DR) for the revenue. The ld. AR of the assessee submits that the assessee furnished complete details while filing/uploading required details at the time of filing of application. The ld. AR of the assessee submits that they have furnished copy of trust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee. The ld. AR of the assessee submits that the assessee has fulfilled all the conditions and appeal of assessee may be allowed. 4. In alternative submission, the ld. AR of the assessee submits that the matter may be restored back to the file of ld. CIT(E) with direction to consider the application of assessee afresh and to pass he order in accordance with law. The ld AR for assessee submits that he is ready to make correction in the Form- 10AB and at other places with the satisfaction of ld CIT(E). 5. On the other hand, the ld. CIT-DR for the revenue submits that there was a mismatch in various documents. The assessee has given different name in Form- 10AB, which is not matching with the name mentioned in registration certificate as w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce, otherwise the registration number with Charity Commissioner and PAN is not in dispute. The assessee was not given opportunity either to explain the mismatch or to get such mismatch to correct, thus, in our view, the assessee deserve one more opportunity to correct their name, wherever required, therefore, we deem it appropriate to restore the issue back to the file of ld. CIT(E) reconsider the registration of assessee under Section 12AB of the Act afresh and pass order in accordance with law. Needless to direct that before deciding the application afresh, the ld. CIT(E) shall grant opportunity of correcting the mismatch in the name and also to allow to make further submission to prove the object of assessee-trust and its activities. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
