TaxTMI 
TaxTMI 
2024 (10) TMI 520
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....sessee for registration under section 12 A (1) (ac) of The Income Tax Act, 1961 was rejected and provisional registration is cancelled on 25/9/2023. "1. The learned CIT (Exemption) has erred in law and on the facts of the case in rejecting the provisional registration under Section 12AB of the Act." 03. Below are Grounds in ITA No. 4037/Mum/2023 against order passed by The Commissioner Of Income Tax, Exemption, Pune [ The Ld CIT] in application number CIT exemption, Pune/2023 - 24/12AA/10594 rejecting the application in form number 10 AB for recognition under section 80 G (5) of The Income Tax Act, 1961 by order dated 26/7/2023:- "1. CIT (Exemption) has erred in law and on facts of the case in rejecting provisional approval under secti....
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....ities such as it provides scholarship, prizes and promotion for getting higher education etc and it also helps the poor students by providing financial assistance for purchase of books, stationery, school uniform etc. For showing the activities certain photographs were uploaded. 07. Based on these evidences, the learned CIT reached at a conclusion that assessee did not furnish note on activities giving details of activities actually carried out by assessee, the details are general note without activity wise details. With respect to the documentary evidence, he held that photographs do not support the assessee's contention and no documentary evidences furnished to prove that the trust is engaged in providing scholarship, prizes and prom....
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....aper book where the name of the assessee trust is mentioned. With respect to the expenses, he referred to the last paragraph of that letter stated that regarding financial statements, the assessee has submitted the trust audit report for last three years. Therefore, according to him, all details required by the CIT were furnished. Therefore, there is no reason to reject application and cancel provisional registration already granted. 10. The learned departmental representative vehemently supported the order of the learned CIT and submitted that when the required details are not furnished by the assessee in the manner in which it is required, without verifying the genuineness of the activities of the trust, the registration application dese....
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....incurred expenditure on the object of the trust of Rs. 12,425, and for the year ended on 31/3/2022 assessee has incurred expenditure on object of the trust of Rs. 10,000. Except this no details of such expenditure are available before the approving authority. Therefore, there was no verification about the activities of the trust and expenditure incurred on such activities. However, the assessee has provided certain details about the activities of the trust supported with some photographs, but CIT was not satisfied with this. If this be the case, the assessee should have been issued one more letter asking for other comprehensive details as desired by the CIT. This opportunity was not provided to the assessee. Further, assessee also failed to....
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....epresentative submitted that the delay is inadvertent, without any malafide but due to oversight. The learned departmental representative submitted that the delay is not for sufficient reason. 15. We have carefully considered the contentions for condoning the delay of 46 days in filing the appeal, we find that by filing an appeal late, the litigant does not derive any benefit but contrary to that, it hampers his legal right. In the present case, the delay is due to oversight, without any mala fide, therefore same is condoned. 16. Assessee preferred an application for recognition under section 80 G (5) of the act which is rejected by CIT exemption, Pune vide order dated 26/7/2023 for the reason that as per letter dated 12/7/2023 the assess....