Janata Gramvikas Pratishthan, Ahmednagar V. The Commissioner of Income Tax (Exemption), Pune

ITA 1164/PUN/2023

• Counselvise Citation: [2023] 101 COUNSELVISE.COM (IT) 9603 (ITAT-PUNE)
• Duration Of Justice: 1 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-12-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 10-12-2023
• Assessment Year: misc
• Appeal Filed On: 06-11-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Principle of natural justice; Corroborative evidences; Set aside
• Section: 80G; 12AA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE „B‟ BENCHES:: PUNE BEFORE SHRI R.S. SYAL, HON. VICE PRESIDENT & SHRI PARTHA SARATHI CHAUDHURY, HON. JUDICIAL MEMBER ITA No.1164/PUN/2023 Janata Gram Vikas Pratisthan, A/p – Gurav Pimpri, Tal – Karjat, Dist. Ahmednagar-414402. PAN: AABTJ 9266 C vs CIT (Exemption), Pune. Appellant Respondent Assessee by : None Revenue by : Shri Keyur Patel, CIT-DR Date of hearing : 11/12/2023 Date of pronouncement : 11/12/2023 ORDER Per PARTHA SARATHI CHAUDHURY, JM: This appeal preferred by the assessee emanates from the order of Commissioner of Income Tax [Exemption], Pune (for short, „CIT(E)‟) dated 20.09.2023 as per the grounds of appeal on record. 2. The only grievance of the assessee in this appeal is the rejection of registration to the assessee-trust u/sec. 12AB of the Act by the ld.CIT(E). 2.1 At the time of hearing, none appeared on behalf of the assessee. The submissions of the ld. DR and the documents on record were considered and the case was heard on merits. 2.2 That, on perusal of the order of ld. CIT(E), certain details were ITA No.1164/PUN/2023 Janata Gram Vikas Pratisthan 2 called for from the assessee to verify the genuineness of the objects of the assessee-trust and to ascertain the genuineness of the charitable activities done by the applicant-trust and also whether compliance made regarding the applicable laws in force while achieving the charitable objects of the trust. There were opportunities given by the Department to the assessee for submission of supporting evidences to demonstrate the aforestated and the charitable activities performed by the trust. However, at para 8, the ld. CIT(E) mentions that the assessee has failed to explain with supporting documentary evidences about the nature and source of cash deposits and also the reasons for cash withdrawals from bank and subsequent utilization of the withdrawn amounts. Therefore, at para 9, ld. CIT(E) held that assessee has failed to prove the genuineness of the activities and compliance to requirements of any other law for the time being in force by the trust as are material for the purpose of achieving its objects, hence, the application of the assessee was rejected. 3. We are of the considered view that it is a case where the application for registration of a trust was filed by the assessee, and for want of supporting evidences, the matter was rejected by the Department. It has to be appreciated that the purpose of the provisions for registration of trust u/sec. 12AA and granting of exemption u/sec. 80G, all these sections derives their spirit from the Directive Principles of State Policy enshrined in the Constitution of ITA No.1164/PUN/2023 Janata Gram Vikas Pratisthan 3 India. Since, the Govt. of India makes endeavor to provide welfare to one and all in the society at large and in view thereof the registration for public charitable trusts are given in order to ensure that through these charitable trusts benefits should flow to the entire society wherefrom various charitable activities, the entire society is benefited and the objectives of the Govt. of India in furtherance to the Directive Principles of State Policy are achieved. These provisions for the trust registration u/sec. 12AA and granting of exemption u/sec. 80G enhance the socio economic welfare in the society. Furthermore, the Income Tax laws are welfare legislations and not penal in nature. Therefore, in the interest of justice and considering all the afore-stated observations, we are of the considered view that one final opportunity should be provided to the assessee to file the relevant details before the ld.CIT(E) and present their case on merits. That, after all the power always remains with the ld.CIT(E) as per the Act to either grant or reject the application regarding the concerned issue but that decision should come after examining and verifying all documentary evidences furnished by the applicant-assessee. In view thereof, we set aside the order of the ld. CIT(E) and remit the matter back to his file with the aforesaid direction and the ld. CIT(E) shall re-adjudicate as per law complying with the principles of natural justice. Grounds of appeal of the assessee are allowed for statistical purpose. ITA No.1164/PUN/2023 Janata Gram Vikas Pratisthan 4 4. In the result, appeal of the assessee stands allowed for statistical purpose. Order pronounced in open Court on 11 th December, 2023. Sd/- Sd/- (R.S. SYAL) (PARTHA SARATHI CHAUDHURY) VICE-PRESIDENT JUDICIAL MEMBER Dated : 11 th December, 2023 vr/- Copy to : 1. The Appellant. 2. The Respondent. 3. The CIT (Exemption), Pune. 4. The DR, ITAT, “B” Bench Pune. 5. Guard File. By Order // TRUE COPY // Senior Private Secretary ITAT, Pune.