TaxTMI 
TaxTMI 
2025 (1) TMI 975
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....f law has been proposed in this appeal : "1. Whether on the facts and circumstances of the case and in law, the Hon'ble ITAT has erred in observing that if there is any mistake in the audit report on account of any particular item not reported in appropriate column, the same cannot be a reason for denying registration u/s 12A/12AA of the Act which is in contradiction to Section 12(1)(a) (i) of the Income Tax Act, 1961 as the Commissioner of Income Tax requires complete and accurate documentation to verify the authenticity of the trust's activities. Without such information, it is challenging to determine the genuineness of the trust's operations. 2) Whether on the facts and circumstances of the case and in law, the Hon'ble ITAT has erred in observing that the alleged lapse of not giving the statement of particulars as per Annexure to Form 10B is also contrary to the record because the Annexure has duly reported all the items which is factually incorrect as the Annexure do not provide any information regarding application or use of Income or property for the benefit of persons referred to in Section 13(3) and investments held at any time during the prev....
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....e assessee while being registered as charitable trust u/s 12A of the Income Tax Act, 1961 merely on the grounds that the Medical Council of India (MCI) found no infirmity or irregularity regarding functioning of the medical institutions run by the assessee and the Hon'ble High Court has passed the directions to undo the irregularities ignoring the fact that the assessee had actually done certain illicit activities and attracted provisions of Section 12AA(3) of the Income Tax Act, 1961. 3. In short, the question that arises for consideration in this appeal is, whether this appeal involves any substantial question of law, as is required to be made out under Section 260A of the Act of 1961, that being the prerequisite of admission of the appeal. 4. The brief facts of the case are that the assessee/respondent applied for registration under section 12A of the Income Tax Act by filing Form No.10A on 28.9.2012. The application was rejected by the Commissioner of Income Tax, Bhopal vide order dated 28.3.2013. Being aggrieved, the assessee filed appeal before the ITAT Indore Bench, Indore. The I.T.A.T. set aside the order of the CIT(E) and directed for grant of registration under ....
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....y days referred to in clause (a) of sub-section (2), if it is satisfied that there was sufficient cause for not filing the same within that period. (3) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question. (4) The appeal shall be heard only on the question so formulated, and the respondents shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question : Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the court to hear, for reasons to be recorded, the appeal on any other substantial question of law not formulated by it, if it is satisfied that the case involves such question, (5) The High Court shall decide the question of law so formulated and deliver such a judgment thereon containing the grounds on which such decision is founded and may award such cost as it deems fit. (6) The High Court may determine any issue which - (a) has not been determined by the Appellate Tribunal; or (b) has been wrongly determined by the Appellate Tribunal, by reasons of a decision o....
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....or it laid in the pleadings and the question should emerge from the sustainable findings of fact arrived at by court of facts and it must be necessary to decide that question of law for a just and proper decision of the case. An entirely new point raised for the first time before the High Court is not a question involved in the case unless it goes to the root of the matter. It will, therefore, depend on the facts and circumstance of each case whether a question of law is a substantial one and involved in the case, or not; the paramount overall consideration being the need for striking a judicious balance between the indispensable obligation to do justice at all stages and impelling necessity of avoiding prolongation in the life of any lis." 13. In Hero Vinoth (Minor) Vs. Seshamma, (2006) 5 SCC 545, the Apex Court has observed that : "The general rule is that High Court will not interfere with the concurrent findings of the courts below. But it is not an absolute rule. Some of the well-recognised exceptions are where (i) the courts below have ignored material evidence or acted on no evidence; (ii) the courts have drawn wrong inferences from proved facts by applying the l....