Bhausaheb Harnarayan Rathi Bahuuddeshiya Vikas Foundation, Jalgaon V. Income Tax Officer (Exemption), Nashik, Nashik

ITA 88/PUN/2023

AI Insights

The case involves the Bhausaheb Harnarayan Rathi Bahuuddeshiya Vikas Foundation, a public charitable trust, which appealed against the order of the National Faceless Appeal Centre (NFAC), Delhi. The appeal was directed against the denial of exemption under section 11 of the Income-tax Act, 1961, due to the non-grant of registration under section 12A. The AO had assessed the trust's income for the assessment year 2019-20, denying the claimed exemption. The CIT(A) upheld the AO's decision, leading to the current appeal before the Tribunal. The Tribunal decided to remand the case back to the AO, pending the outcome of the trust's registration issue under section 12A.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 301457 (ITAT-PUNE)
• Duration Of Justice: 4 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-05-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 11-05-2023
• Assessment Year: 2019-2020
• Appeal Filed On: 22-01-2023
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Charitable institution
• Section: 11; 143(3); 12A; 12AA; 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, PUNE BENCH “SMC”, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER आयकर अपीऱ सं. / ITA No.88/PUN/2023 ननधधारण वषा / Assessment Year : 2019-20 Bhausaheb Harnarayan Rathi Bahuuddeshiya Vikas Foundation Ramhari Niwas, Parekh Park, Onkar Nagar, Jalgaon – 425001 PAN: AAATB3441L .......अऩीऱधथी / Appellant बनाम / V/s. The Income Tax Officer (Exemption), Nashik ......प्रत्यथी / Respondent Assessee by : Smt. Deepa Khare Revenue by : Shri Ganesh Rath, JCIT स ु नवधई की तधरीख / Date of Hearing : 30-05-2023 घोषणध की तधरीख / Date of Pronouncement : 30-05-2023 आदेश / ORDER PER INTURI RAMA RAO, AM: This is an appeal filed by the assessee directed against the order of National Faceless Appeal Centre (NFAC), Delhi dated 24.11.2022 passed u/s 250 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’). 2. Briefly, the facts of the case are as under: The appellant is a public charitable trust which was duly registered under the Bombay Public Trusts Act and the appellant also applied for 2 ITA No.88/PUN/2023 Bhausaheb Harnarayan Rathi Bahuuddeshiya Vikas Foundation registration u/s 12A of the Act, which came to be rejected by the CIT(Exemption). The return of income was filed for A.Y. 2019-20 on 21.09.2019 declaring income of Rs.6,55,133/- claiming exemption u/s 11 of the Act. Against the said return of income, assessment was completed by the Assessing Officer i.e. National Faceless Assessment Centre, Delhi (hereinafter referred to as ‘the AO") vide order dated 26.08.2021 u/s 143(3) of the Act at a total income of Rs.12,88,800/-. While doing so, the AO had denied the exemption u/s 11 of the Act on the ground that the assessee was not granted registration u/s 12AA of the Act. 3. Being aggrieved with the above assessment order, an appeal was filed before the CIT(A), who vide impugned order confirmed the action of AO. Being aggrieved with the same, the appellant society is in appeal before this Tribunal. 4. The ld. AR submits that the appeal filed by the appellant trust against denial of registration u/s 12A of the Act was restored to the file of CIT(Exemption) for de novo consideration by this Tribunal. Thus, she prayed that this assessment order also be restored to the file of AO with a direction to frame fresh assessment considering the outcome of the remand proceedings passed consequent to this Tribunal order on the issue of registration u/s 12A of the Act, for which the ld. Sr. DR has expressed no serious objection. Accordingly, I remand the matter back to the file of AO with a direction that a fresh assessment order shall be framed considering 3 ITA No.88/PUN/2023 Bhausaheb Harnarayan Rathi Bahuuddeshiya Vikas Foundation the outcome of the proceedings before the ld. CIT(E) pursuant to the remand order passed by this Tribunal on the issue of 12A registration. 5. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open court on 30 th May, 2023. Sd/- INTURI RAMA RAO ACCOUNTANT MEMBER ऩ ु णे / Pune; ददनधांक / Dated : 30 th May, 2023 GCVSR आदेश की प्रतिलऱपप अग्रेपिि/Copy of the Order is forwarded to : 1. अऩीऱधथी / The Appellant; 2. प्रत्यथी / The Respondent; 3. 4. The concerned Pr.CIT ववभधगीय प्रनतननधध, आयकर अऩीऱीय अधधकरण, ऩ ु णे “SMC” / DR ‘SMC’, ITAT, Pune; 5. गधर्ा पधईऱ / Guard file. आदेशधन ु सधर / BY ORDER, //सत्यधवऩत प्रनत// True Copy// वररष्ठ ननजी सधिव / Sr. Private Secretary आयकर अऩीऱीय अधधकरण, ऩ ु णे / ITAT, Pune