M/S. AAI SHREE ASHAPURAA PARIVAR ASSOCIATION ,MUMBAI V. CIT(EXEMPTION), MUMBAI

ITA 856/MUM/2025

AI Insights

The case involves two separate appeals by M/s. Aai Shree Ashapuraa Parivar Association against the orders of the Commissioner of Income Tax (Exemption), Mumbai, which rejected their applications for registration under sections 12A and 80G of the Income Tax Act. The Tribunal found that the initial applications were rejected due to the presence of clauses in the trust deed that suggested funds might be used outside India, which was not acceptable under the current regulations. The assessee subsequently proposed amendments to these clauses, which the Tribunal accepted, leading to the decision to remand the matter back to the CIT (Exemption) for a fresh decision based on the amended documents.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 39658 (ITAT-MUMBAI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-03-2025
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: K.R. SUBHASH; DR
• Assessee Lawyers: MANISH SOMANI; AR; WHICH; IT WAS PROPOSED
• Keywords: Condonation of delay; Opportunity of being heard
• Section: 12A; 2; 80G

Judgement Text

" | आयकर अपीलीय अिधकरण \fा यपीठ, मुंबई | IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI NARENDRA KUMAR BILLAIYA, HON’BLE ACCOUNTANT MEMBER & SHRI SANDEEP SINGH KARHAIL, HON’BLE JUDICIAL MEMBER I.T.A. No. 855/Mum/2025 & I.T.A. No. 856/Mum/2025 M/s. Aai Shree Ashapuraa Parivar Association Flat No. 310, Bldg No. 2 Near ST Francis School Mumbai - 400103 [PAN: AAVCA5102D] Vs Commissioner of Income Tax (Exemption), अपीला थ\u0016/ (Appellant) \u0017\u0018 यथ\u0016/ (Respondent) Assessee by : Shri Manish Somani, A/R Revenue by : Dr. K.R. Subhash, CIT, D/R सुनवाई की तारीख/Date of Hearing : 18/03/2025 घोषणा की तारीख /Date of Pronouncement: 18/03/2025 आदेश/O R D E R PER NARENDRA KUMAR BILLAIYA, AM: I.T.A. No. 855/Mum/2025 & I.T.A. No. 856/Mum/are two separate appeals preferred by the assessee against two separate orders of ld. CIT (Exemptions), Mumbai, one rejecting the application for registration u/s 12A of the Act and other rejecting application for registration u/s 80G of the Act. 2. Briefly stated the facts of the case are that the assessee trust filed an application in Form 10AB u/s 12A(1)(ac)(iii) of the Act seeking registration u/s 12AB of the Act. 3. On perusal of the application read with the trust deed, the ld. CIT(E) was of the belief that the assessee intends to utilize the funds in and outside India. When the assessee was confronted with such objectionable clauses, it stated that it will make necessary corrections in I.T.A. No. 855/Mum/2025 & I.T.A. No. 856/Mum/2025 2 the object clauses with Charity Commission office in due course of time. On finding no documentary evidence, the application was rejected along with rejection of application seeking registration u/s 80G of the Act. 4. Both the appeals before us are barred by limitation. We have gone through the affidavit filed by the assessee seeking condonation of delay and we are satisfied with the reasons for not filing the appeal on time. Delay is condoned. 5. Before us, the ld. Counsel for the assessee filed a resolution to consider and accord approval for alteration to the objects clause of the memorandum of association of the assessee by which, it was proposed to amend the objects clause. 6. As the assessee has filed the resolution wanted by the ld. CIT(E), we deem it fit to restore the impugned issues to the file of the ld. CIT(E). the assessee is directed to furnish the amended memorandum of association with the amended object clause and the ld. CIT(E) is directed to consider the application afresh and decide the issues after affording reasonable and adequate opportunity of being heard to the assessee. 7. In the result, appeals of the assessee are allowed for statistical purposes. Order pronounced in the Court on 18th March, 2025 at Mumbai. Sd/- Sd/- (SANDEEP SINGH KARHAIL) (NARENDRA KUMAR BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai, Dated 18/03/2025 *SC SrPs *SC SrPs *SC SrPs *SC SrPs I.T.A. No. 855/Mum/2025 & I.T.A. No. 856/Mum/2025 3 आदेश की \u0014ितिलिप अ\u0019ेिषत /Copy of the Order forwarded to : 1. अपीलाथ\u001b / The Appellant 2. \u0014\u001cथ\u001b / The Respondent 3. संबंिधत आयकर आयु! / Concerned Pr. CIT 4. आयकर आयु! ) अपील ( / The CIT(A)- 5. िवभागीय \u0014ितिनिध ,आयकर अपीलीय अिधकरण, मुंबई /DR,ITAT, Mumbai, 6. गाड% फाई/ Guard file. आदेशानुसार/ BY ORDER TRUE COPY Assistant Registrar आयकर अपीलीय अिधकरण ITAT, Mumbai "