M.V. Karmari Charitable Trust Vs CIT(Exemptions) (ITAT Bangalore)
ITAT Bangalore held that matter of rejection of registration under section 12AB of the Income Tax Act is liable to be restored back to CIT(Exemptions) for granting one more opportunity as assessee failed to represent its case properly before the authorities.
Facts- The assessee trust applied for the registration u/s 12AB of the Act in form No.10AB on 20.5.2023. On perusal of financial statement of the financials of the trust do not show substantial activity towards the object of the Trust. Further in the absence of the Charitable activity towards the condoning of the object of the trust, form No.10AB dated 20.5.2023 filed for registration u/s 12AB of the Act was rejected by the ld. CIT(Exemptions). Being aggrieved, the present appeal is filed.
Conclusion- Held that the author of the trust is more than 82 years old and has limited access to the e-mail communication and further the assessee trust does not have any employees to take care of the administrative work and therefore could not represent its case properly before the authorities. being so, in the interest of justice and equity, we are of the opinion that one more opportunity may be granted to the assessee to represent its case before the ld. CIT(Exemptions), Bangalore. The assessee shall submit all the relevant documents, Bye laws, activity report in support of its claim along with audit reports and financials as required by the ld. CIT(Exemptions) to substantiate its claim. Needless to say, reasonable opportunity of being heard may be given to the assessee and thereafter the ld. CIT(Exemptions) will pass an order in accordance with law. It is ordered accordingly.
