AIP Reddy Mahajanasangha Vs CIT (ITAT Bangalore)
The assessee appealed against the order of the Commissioner of Income Tax (Exemption) rejecting its application for registration under Section 12AB of the Income-tax Act, 1961 in Form No. 10AD.
The assessee had filed Form 10AB seeking registration under Section 12AB. During the proceedings, the Commissioner of Income Tax (Exemption) called upon the assessee to furnish necessary details to establish the genuineness of the trust’s activities. However, only partial details were furnished. The Commissioner held that the assessee had failed to discharge the onus of substantiating the genuineness of its activities and demonstrating its entitlement to registration under Section 12AB, and accordingly rejected the application.
Before the Tribunal, the assessee submitted that, due to unforeseen circumstances, it could not furnish complete details and supporting evidence before the Commissioner. It stated that it was now in possession of all relevant documents and was ready to produce them if one more opportunity was granted. The assessee requested that the matter be restored to the Commissioner of Income Tax (Exemption) for fresh consideration in the interest of justice and fair play.
The Departmental Representative did not object to restoring the matter to the Commissioner for fresh consideration in accordance with law.
