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ITAT set aside CIT(E) Pune's rejection of section 12AB registration application and remanded the matter for fresh consideration. The trust failed to obtain timely permission from Charity Commissioner regarding loans, though post facto approval was subsequently sought. Despite discrepancies including incorrect clause application and procedural non-compliance, ITAT exercised discretionary powers considering totality of circumstances and interests of justice. The tribunal declined to examine merits, directing CIT(E) to decide application afresh without prejudice. Appeal was partly allowed with matter remanded to original authority for reconsideration following proper procedures and statutory requirements under charitable trust registration provisions.
ITAT set aside CIT(E) Pune's rejection of section 12AB registration application and remanded the matter for fresh consideration. The trust failed to obtain timely permission from Charity Commissioner regarding loans, though post facto approval was subsequently sought. Despite discrepancies including incorrect clause application and procedural non-compliance, ITAT exercised discretionary powers considering totality of circumstances and interests of justice. The tribunal declined to examine merits, directing CIT(E) to decide application afresh without prejudice. Appeal was partly allowed with matter remanded to original authority for reconsideration following proper procedures and statutory requirements under charitable trust registration provisions.
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