JIN MITRA SANGH,NEW MARINE LINES V. CIT (EXEMPTIONS), MUMBAI, CUMBALLA HILL

ITA 589/MUM/2025

AI Insights

The case involves Jin Mitra Sangh, a public charitable trust, appealing against the decision of the Commissioner of Income-tax (Exemptions), Mumbai, which denied the regularization of its provisional registration under Section 12A of the Income-tax Act, 1961. The trust argued that it had incurred charitable expenditure of Rs. 35,000 for medical support, although this expenditure was debited from its bank account after the financial year 2023-24. The CIT(E) rejected the application based on the timing of the bank transaction. The tribunal found that the matter requires reconsideration and remanded it back to the CIT(E) for a fresh decision.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 24063 (ITAT-MUMBAI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-03-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2024-2025
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHISH HELIWAL
• Assessee Lawyers: ARVIND SINGH
• Keywords: Charitable institution
• Section: 12A

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “F”, MUMBAI BEFORE SHRI ANIKESH BANERJEE, JUDICIAL MEMBER AND SHRI. OMKARESHWAR CHIDARA, ACCOUNTANT MEMBER ITA No.589/Mum/2025 (Assessment Year 2024-25) Jin Mitra Sangh, New Marine Lines 4/F2, Court Chambers, 35, New Marine Lines, Mumbai PAN : AACTJ1745R Vs. CIT (Exemptions), Mumbai Room No.601, 6th Floor, Cumballa Hill, MTNL TE Building, Pedder Road, Dr Gopalrao Deshmukh Marg, Mumbai-400 020 APPELLANT RESPONDENT Assessee by : Shri Arvind Singh Respondent by : Shri Ashish Heliwal, CIT DR Date of hearing : 06/03/2025 Date of pronouncement : 20/03/2025 O R D E R PER ANIKESH BANERJEE, J.M: The instant appeal of the assessee was filed against the order of theLd. Commissioner of Income-tax (Exemption), Mumbai [for brevity, ‘Ld.CIT(E)’] passed under section 12A of the Income-tax Act, 1961 (in short, ‘the Act’), date of order 19/10/2024. 2. The assessee is a public charitable trust established on 08/04/1981 and has been compliant with its statutory obligations. The assessee was granted 2 ITA No.589/Mum/2025 Jin Mitra Sangh provisional registration under sub-clause (vi) of clause (ac) of sub-section (1) of Section 12A of the Act on 05/10/2022 for the AY 2023-24 to AY 2025-26. Subsequently, the assessee filed Form 10AB seeking regularization of the provisional registration under Section 12A of the Act. 3. During the proceedings, the Ld. CIT(E) observed that the assessee had not undertaken any activities related to its charitable objectives. A notice was duly issued, and in response, the assessee contended that an expenditure of Rs. 35,000/- had been incurred under the head ‘medical support’ for the financial year 2023-24. However, the Ld. AR clarified that the said payment was made through a cheque dated 29/03/2024 and was debited from the assessee’s bank account on 02/04/2024. The relevant documentary evidence was annexed in the Assessee’s Paper Book (APB) on pages 26 to 64. Since the expenditure was not debited from the bank account during the financial year 2023-24, the Ld. CIT(E) rejected the application for regularization of provisional registration. 4. The Ld. AR argued that the Ld. CIT(E) erred in denying the grant of provisional registration. The observation that no activity related to the trust was undertaken is contrary to the records. The assessee had, in fact, incurred charitable expenditure amounting to Rs. 35,000/-, and the cheque for the said expense was issued on 29/03/2024, though it was debited from the bank account on 02/04/2024. In these circumstances, the Ld. AR submitted that the matter should be remanded to the Ld. CIT(E) for fresh consideration. 5. The Ld. DR vehemently supported the order passed by the Ld. CIT(E). 3 ITA No.589/Mum/2025 Jin Mitra Sangh 6. After considering the rival submissions and perusing the material on record, we are of the opinion that the matter requires reconsideration by the Ld. CIT(E). Accordingly, the matter is remanded to the file of the Ld. CIT(E) for verification and fresh adjudication. The Ld. CIT(E) is directed to reconsider the application for provisional registration in light of the assessee’s submissions. The assessee is also directed to extend full cooperation and submit all relevant documents and evidence as may be required by the Ld. CIT(E). 6. In the result, appeal bearing ITA No.589/Mum/2025 is allowed for statistical purpose. Order pronounced in the open court on 20th day of March 2025. Sd/- sd/- (OMKARESHWAR CHIDARA) (ANIKESH BANERJEE) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai,दिन ांक/Dated: 20/03/2025 Pavanan Copy of the Order forwarded to: 1. अपील र्थी/The Appellant , 2. प्रदिव िी/ The Respondent. 3. आयकरआयुक्त CIT 4. दवभ गीयप्रदिदनदि, आय.अपी.अदि., मुबांई/DR, ITAT, Mumbai 5. ग र्डफ इल/Guard file. BY ORDER, //True Copy// (Asstt. Registrar), ITAT, Mumbai "