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The ITAT set aside the CIT(E)'s order rejecting the assessee trust's application for registration under section 12AB, noting procedural lapses including failure to consider the assessee's reply and absence of a show-cause notice. The Tribunal emphasized that the genuineness of charitable activities should not be prematurely assessed, particularly during the initial phase of the trust's establishment. Relying on precedents, it held that registration cannot be denied solely due to lack of substantial activities or early-stage balance sheets. Consequently, the matter was remanded to the CIT(E) for fresh adjudication in accordance with law. The appeal was allowed for statistical purposes, reinstating the assessee's opportunity to obtain registration under section 12AB.
The ITAT set aside the CIT(E)'s order rejecting the assessee trust's application for registration under section 12AB, noting procedural lapses including failure to consider the assessee's reply and absence of a show-cause notice. The Tribunal emphasized that the genuineness of charitable activities should not be prematurely assessed, particularly during the initial phase of the trust's establishment. Relying on precedents, it held that registration cannot be denied solely due to lack of substantial activities or early-stage balance sheets. Consequently, the matter was remanded to the CIT(E) for fresh adjudication in accordance with law. The appeal was allowed for statistical purposes, reinstating the assessee's opportunity to obtain registration under section 12AB.
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