Rajarshi Shahu Shikshan Sanstha Inam Dhamani Vs CIT (ITAT Pune)
ITAT Pune directed appellant to prove genuineness of activities; details of donations received and file audited financial statements for getting approval for regular registration u/s.12A r.w.s.12AB of the Income Tax Act. Accordingly, matter remitted back.
Facts- The appellant is a charitable trust registered under the Maharashtra Public Trust Act, 1950 and is engaged in imparting education through various schools and colleges in Miraj and adjoining district. Appellant was granted registration u/s.12A of the Act (old regime) on 29.03.2011. Further, the appellant received provisional registration under the new regime u/s.12AB on 02.09.2022. Thereafter, the appellant made an application for regular registration u/s.12A r.w.s.12AB of the Act which was filed on 28.02.2023. Thereafter, the appellant was asked to furnish various details/ documents. However, there was part compliance by the appeallant.
Allegedly, the appellant trust did not furnish the return of income for A.Y. 2017-18 and 2018-19. Appellant had claimed to have received voluntary donations during F. Yrs. 2011-12 to 2016-17 but failed to produce the list of names and addresses of donors. No details of donations received were maintained. Appellant could not produce any documents relating to the anonymous donations. Ld. AO thus alleged that the donations received amounting to Rs.10,94,99,000/- spread during F.Y. 2011-12 to 2016-17 could not be explained and are not genuine and therefore liable to be taxed u/s.68 of the Act. In the very same notice, observations were also made about the post survey assessments and the additions made from A.Y. 2013-14 to 2017-18 for the anonymous donations and were taxed u/s.115BBC of the Act. Since the appellant failed to furnish any reply. PCIT(Central) proceeded to conclude the proceedings rejecting the application for regular registration u/s.12A r.w.12AB of the Act.
