Gautamnidhi Foundation, Pune V. Commissioner of Income-Tax -Exemption, Pune

ITA 850/PUN/2022

AI Insights

The case involves Gautamnidhi Foundation, which appealed against the decision of the CIT(Exemption), Pune, denying them the benefit of registration under section 12A of the Income-tax Act, 1961. The CIT(Exemption) had initially denied the registration due to the absence of a 'note on activities' from the assessee, which was deemed necessary to ascertain the objects of the trust/institution. The assessee contested this decision, presenting the required documents during the appeal, which were not considered by the CIT(Exemption). The Tribunal found merit in the assessee's argument and decided to set aside the CIT(Exemption)'s order, remanding the case for a fresh evaluation.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 137740 (ITAT-PUNE)
• Duration Of Justice: 1 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-01-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 22-01-2023
• Assessment Year: misc
• Appeal Filed On: 27-11-2022
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH, ‘A’ PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपीऱ सं. / ITA No.850/PUN/2022 Gautamnidhi Foundation, S.No.44, Jagdamba Housing Society, Somnath Nagar, Wadgaon Sheri, Pune 411 014, Maharashtra PAN : AACTG9681K Vs. CIT(Exemption), Pune Appellant Respondent आदेश / ORDER PER R.S. SYAL, VP : This appeal by the assessee is directed against the order dated 30-09-2022 passed by the CIT(Exemption), Pune denying the benefit of registration sought by the assessee u/s.12A of the Income-tax Act, 1961 (hereinafter also called `the Act’). 2. Briefly stated, the facts of the case are that the assessee moved application in the requisite form for the grant of deduction u/s.12A of the Act. The ld. CIT(Exemption) denied the registration by noting that the assessee did not submit note on activities. In the absence of any such note on activities, he held Assessee by Shri Bhuvanesh Kankani Revenue by Shri Keyur Patel Date of hearing 23-01-2023 Date of pronouncement 23-01-2023 ITA No.850/PUN/2022 Gautamnidhi Foundation 2 that the objects of the trust/institution were not capable of ascertainment. Aggrieved thereby, the assessee has come up in appeal before the Tribunal. 3. The ld. AR invited our attention towards `Note on activity’ given on pages 26 and 27 of the paper book and photographs in support of the activities carried at pages 28 to 34 of the paper book, which were submitted by the assessee but remained to be considered. In view of the foregoing facts, we are of the considered opinion that the ends of justice would meet adequately if the impugned order is set-aside and the matter is restored to the file of ld. CIT(Exemption) for deciding the issue afresh as per law after allowing reasonable opportunity of hearing to the assessee. Needless to say, the assessee will be at liberty to place any further evidence in support of its case as directed by the ld. CIT(Exemption). 4. In the result, the appeal is allowed for statistical purposes. Order pronounced in the Open Court on 23 rd January, 2023. Sd/- Sd/- (S.S. VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; ददन ांक Dated : 23 rd January, 2023 सतीश ITA No.850/PUN/2022 Gautamnidhi Foundation 3 आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to: 1. अपील थी / The Appellant; 2. प्रत्यथी / The Respondent 3. The Pr.CIT concerned, Pune 4. DR, ITAT, ‘A’ Bench, Pune 5. ग र्ड फ ईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अदधकरण ,पुणे / ITAT, Pune Date 1. Draft dictated on 23-01-2023 Sr.PS 2. Draft placed before author 23-01-2023 Sr.PS 3. Draft proposed & placed before the second member JM 4. Draft discussed/approved by Second Member. JM 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *