Sambodhi Foundation, Pune V. CIT- (Exemption), Pune

ITA 382/PUN/2020

• Counselvise Citation: [2022] 103 COUNSELVISE.COM (IT) 9850 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 7 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-10-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 18-10-2022
• Assessment Year: 2020-2021
• Appeal Filed On: 16-03-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 12AA

Judgement Text

आयकर अपीलीय अधिकरण “बी” न्यायपीठ पुणे में । IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपील सं. / ITA No.382/PUN/2020 Sambodhi Foundation, 2 nd Floor, Office No. 7, S. No. 15/2, Karve Road, Erandwana, Pune – 411004 PAN : AAXTS9328Q ......अपीलार्थी / Appellant बनाम / V/s. CIT-Exemption, Pune ......प्रत्यर्थी / Respondent Assessee by : Shri Suhas Bora Revenue by : Shri Sardar Singh Meena सुनवाई की तारीख / Date of Hearing : 19-10-2022 घोषणा की तारीख / Date of Pronouncement : 21-10-2022 आदेश / ORDER PER S.S. VISWANETHRA RAVI, JM : This appeal by the assessee against the order dated 29-01-2020 passed by the Commissioner of Income Tax (Exemption), Pune [‘CIT (E)’]. 2. The assessee raised eight grounds of appeal amongst which the only issue emanates for our consideration is as to whether the CIT(E) is justified in rejecting the application in Form No. 10A seeking registration u/s. 12AA of the Act. 2 ITA No.382/PUN/2020 3. Heard both the parties and perused the material available on record. We note that the assessee filed an application seeking registration u/s. 12AA of the Act before the CIT(E), Pune on 03-07-2019. The CIT(E) issued letter dated 21-08-2019 through ITBA portal requesting the assessee to upload certain information/clarification by 01-10-2019 and also to produce the original copy of Trust Deed/MOA for verification. According to the CIT(E), the assessee did not attend on the said given date but however, submitted partial compliance on ITBA portal. He again issued another notice dated 21-08-2019 requesting the assessee to clarify discrepancies found in Trust Deed/MOA at Point Nos. 14 & 15 regarding for not having irrevocability clauses and clarification for not having clause with respect to beneficiaries of section of public but not specific individuals. The ld. AR drew our attention at page 20 of the paper book and submitted that the assessee furnished the original Trust Deed which contains the irrevocability clause and also beneficiaries are a section of public. He argued that the CIT(E) did not look into the said Deed. He further drew our attention to pages 34 and 35 of the paper book and submitted that the assessee furnished all the details before the CIT(E). We note that on the date of disposal of application of assessee regarding seeking registration u/s. 12AA of the Act the details as shown by the ld. AR in the paper book were before the CIT(E) but however, were not considered. The ld. AR prayed another opportunity to the assessee in remanding the issue to the file of CIT(E) for its fresh verification. The ld. DR did not report any objection in remanding the matter to the file of CIT(E) for fresh verification. Therefore, taking into submissions of ld. AR and ld. DR and in the interest of justice, we deem it proper to remand the matter to the file CIT(E) for its fresh verification. The assessee is liberty to file evidences, if any, in 3 ITA No.382/PUN/2020 support of its claim. Thus, the grounds raised by the assessee are allowed for statistical purpose. 4. In the result, the appeal of assessee is allowed for statistical purpose. Order pronounced in the open court on 21 st October, 2022. Sd/- Sd/- (R.S. Syal) (S.S. Viswanethra Ravi) VICE PRESIDENT JUDICIAL MEMBER पुणे / Pune; दिनाांक / Dated : 21 st October, 2022. रदव आदेश की प्रधिधलधप अग्रेधिि / Copy of the Order forwarded to : 1. अपीलार्थी / The Appellant. 2. प्रत्यर्थी / The Respondent. 3. The CIT-Exemption, Pune 4. दवभागीय प्रदतदनदि, आयकर अपीलीय अदिकरण, “बी” बेंच, पुणे / DR, ITAT, “B” Bench, Pune. 5. गार्ड फ़ाइल / Guard File. //सत्यादपत प्रदत// True Copy// आिेशानुसार / BY ORDER, वररष्ठ दनजी सदचव / Sr. Private Secretary आयकर अपीलीय अदिकरण ,पुणे / ITAT, Pune