MAA BHARTI JAN KALYAN TRUST,KOTA V. ITO WARD EXEMPTION, UDAIPUR

ITA 487/JODH/2024

AI Insights

The case involves Maa Bharti Jan Kalyan Trust, which organizes blood donations and sought registration under sections 12AB(1)(b) and 80G of the Income Tax Act. The Ld.CIT(E) initially rejected their application due to alleged violations of sections 12AB(4) and 13(1)(c) read with section 13(3), primarily concerning the payment of a salary to Mr. Shubham Vijay, the son of a trustee, which was deemed a benefit to a specified person. The tribunal noted that the genuineness of the trust's activities was not in question and that the salary paid was within market norms. The matter was remanded for a detailed examination of these issues, ensuring compliance with procedural fairness.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 396515 (ITAT-JODHPUR)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-05-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AJEY MALIK
• Assessee Lawyers: R.S. POONIA
• Keywords: Set aside; Opportunity of being heard; Cancellation of registration
• Section: 12A; 80G

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH, JODHPUR BEFORE DR. MITHA LAL MEENA, ACCOUNTANT MEMBER AND SHRI ANIKESH BANERJEE, JUDICIAL MEMBER ITA No.486/JODH/2024 & ITA 487/JODH./2024 Maa Bharti Jan Kalyan Trust C/o CA R.S. Poonia, D-82, B, Siwad Area, Krishna Marg, Bapu Nagar, Rajasthan-302 015 PAN : AACTM7554P vs ITO Ward Exemption, Udaipur Income-tax Office, Central Area, Udaipur, Rajasthan-313 001 APPELLANT RESPONDENT Assessee by : Shri R.S. Poonia,C.A. Respondent by : Shri Ajey Malik CIT-DR Date of hearing : 29/05/2025 Date of pronouncement : 30/05/2025 O R D E R Per Anikesh Banerjee) JM): These two appeals of the assessee were filed against the order of the Learned Commissioner of Income-tax Exemption, Jaipur *in short, ‘Ld.CIT(E)] passed under section 12A and 80G(5) of the Income Tax Act, 1961 (in short, ‘the Act’), date of order 28/05/2024. 2. We heard the rival submissions and considered the documents available on the record. The assessee is a trust and organizing the blood donations in different places and the assessee applied for registration under section 12AB(1)(b) and 80G 2 ITA No.286 and 287/JODH/2024 Maa Bharti Jan Kalyan Trust of the Act before the Ld.CIT(E). The Ld.CIT(E) rejected the application filed by the assessee under section 12A(1)(ac)(iii) of the Act on the ground that the assessee violated the provisions of section 12AB(4) and section 13(1)(c) read with section 13(3) of the Act. There is no ambiguity and the Ld.CIT(E) also satisfied about the genuineness of the activity as per the provisions of section 12AB(1)(b)()i)(B) of the Act. The assessee paid the salary of Rs.6 lakhs to one Mr. Shubham Vijay, who is the son of the trustee. The Ld.AR stated that Shri Shubham is managing officer, who is handling the legal and accounts of the trust. The Ld.AR further stated that normally, the Chartered Accountants are having salary of Rs.8.91 lakhs per annum as certified by the Institute of Chartered Accountants of India (ICAI) and accordingly, Mr. Shubham Vijay received the salary of Rs.6 lakhs p.a. which is not excessive as compared to the market trend. The Ld.AR argued that the registration sought to be cancelled on the basis of violation of section 13()1)(c) as at the time of registration, the revenue is only empowered to verify the genuineness of activities of the trust. He further argued that the assessee has not given benefit to specified person in law by section 13(1)(c) and 13(c) of the Act as related person was managing person of the trust. Further it is submitted that as press release of ICAI, the average salary of the fresh Chartered Accountant was rs.8.91 lakhs per annum in the year 2020. So, as per the calculation on average salary of 2023, the Ld.AR stated that it will be around Rs.12 lakhs, p.a. Hence, the related person Mr. Shubham Vijay, son of the trustee, who was paid salary of Rs.12 lakhs during FY 2022-23 as he provides managing service of two concerns, Apna Blood Bank and MBI Public School, paid Rs.6 lakhs each. If the benefit passed to the related person, then the samer cannot be covered under clause (a) of Explanation of specified violation under section 12AB(4) of the Act, only the 3 ITA No.286 and 287/JODH/2024 Maa Bharti Jan Kalyan Trust excess portion can be disallowed as per section 13(1)(c) read with section 13(2)(c) of the Act. 3. The Ld.DR, on the contrary argued and placed that during registration, the ITR copy of Mr. Shubham Vijay was produced but Mr. Shubham Vijay was not produced personally. So the investigation was incomplete during proceedings for registration of the assessee. He further argued and fully relied on the order of the Ld.CIT(E). 4. In our considered view we find that the rejection of application for contravening provisions of section 13(1)(c) or 12A(4) is not a reason for cancellation of registration under section 12A of the Act. It is a fact that Ld.CIT(E) has not doubted the genuineness of activities. Only benefit to specified person is the sole ground for rejection. On the other hand, the assessee remained uncomplied before the Ld.CIT(E) for completion of the verification during the hearing. We find that the matter should be remanded to the file of the Ld.CIT(E) for verification and passing the order by considering the observations of the bench, above. Needless to say, the assessee should get a fair opportunity of being heard in the set aside proceedings before the Ld.CIT(E). On the other hand, the assessee should be diligent and co-operative in the denovo verification. 5. The appeal of the assessee bearing ITA No.480/Jodh/2024 is allowed for statistical purpose. 6. Related to ITA 481/Mum/2024, this appeal is connected with the registration under section 12A of the Act, so this matter is also remanded to the file of the Ld.CIT()E) for consideration afresh. 4 ITA No.286 and 287/JODH/2024 Maa Bharti Jan Kalyan Trust 7. In the result, both the appeals bearing ITA Nos 480 & 481/Mum/2024 are allowed for statistical purpose. Order pronounced in the open court on 30th day of May, 2025. Sd/- sd/- (DR. MITHA LAL MEENA) (ANIKESH BANERJEE) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, दिन ांक/Dated 30/05/2025 Pavanan Copy of the Order forwarded to: 1. अपील र्थी/The Appellant , 2. प्रदिव िी/ The Respondent. 3. आयकर आयुक्त CIT 4. दवभ गीय प्रदिदनदि, आय.अपी.अदि., जोधपुर/DR, ITAT, JODHPUR 5. ग र्ड फ इल/Guard file. BY ORDER, //True Copy// (Asstt. Registrar), ITAT, JODHPUR "