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Trust granted one more opportunity to represent correct fact for registration u/s. 12AB of Income Tax Act

Case Law Details

TaxGuru Citation
2024 taxguru.in 4383
Case Name
Aacharya Shri Hira laxmi Guru Jain Gaushala Sansthan Vs CIT Exemption (ITAT Jaipur)
Date of Judgement/Order
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Aacharya Shri Hira laxmi Guru Jain Gaushala Sansthan Vs CIT Exemption (ITAT Jaipur)

ITAT Jaipur held that with regard to the issue of registration u/s. 12AB of the Income Tax Act, the assessee require one more opportunity to represent the correct fact and produce the registration certificate under Rajasthan Public Trust Act.

Facts- The assessee filed online application on 30.09.2023 in Form No. 10AB seeking registration u/s 12AB of the Act. A letter/notice dated 14.12.2023 was issued at the e-mail/address to submit certain documents/explanations by 26.12.2023, but no compliance has been made by the assessee. Thereafter, a reminder letter was issued to the assessee vide notice dated 26.12.2023 to submit complete details/information by 10.01.2024. In response to the above notice, the assessee submitted its reply vide letter dated 10.01.2024 which was thoroughly examined and placed on record & few discrepancies were found and ld. CIT(E) did not found the explanation of the assessee and thereby the registration u/s. 12AB was rejected

Notably, the present appeal is against the rejection of recognition of section 80G of the Act and same was also rejected on the ground that the assessee is not registered under u/s. 12AB of the Act and therefore, the assessee was not considered as eligible for registration and provisional approval granted was also considered as cancelled.

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