TaxTMI 
TaxTMI 
2025 (11) TMI 452
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....nd it is valid till AY 2027-28. 3. It had filed an application in Form Number 10AB to obtain Registration u/s 12A(1)(ac) of the Income Tax Act on 21/12/2024. The Commissioner of Income Tax(exemption) Pune rejected the Application of the Assessee and also cancelled the Provisional Registration dated 25/10/2024 vide his order dated 17/04/2025. 4 The relevant paragraphs of the Order passed by Commissioner of Income Tax (exemption) are reproduced here as under : an adjournment. An adjournment was granted upto 28/02/2025 vide notice dated 20/02/2025. The notice was duly served on the assessee through e-portal and email. 4. On verification of the details submitted by the assessee in response to the said notice and the documents submitted along with the application, various discrepancies were noticed. Another notice was then issued to the assessee on 04/04/2025 and the discrepancies were duly communicated to it as reproduced below : "(i) Kindly furnish tentative financial statement of FY 2024-25 along with schedules/annexures. (ii) With respect to sports training, kindly furnish the complete details about the coaches/experts who rendered services ....
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....provided. Thus, these are the three reasons based on which the Commissioner of Income Tax (exemption) concluded that Commissioner of Income Tax (exemption) is unable to draw any satisfactory conclusion about Genuineness of activities and compliance of any other law, hence Commissioner of Income Tax (exemption) rejected the Application of the Assessee. 5.1 In these factual background lets understand the Section 12A and 12AB of the Income Tax Act. The relevant provisions are reproduced here under : "12A. (1) The provisions of section 11 and section 12 shall not apply in relation to the income of any trust or institution unless the following conditions are fulfilled, namely:- (a)... (ab)....... (ac) notwithstanding anything contained in clauses (a) to (ab), the person in receipt of the income has made an application in the prescribed form and manner to the Principal Commissioner or Commissioner, for registration of the trust or institution,- (i)........... (ii)........... (iii) where the trust or institution has been provisionally registered under section 12AB, at least six months prior to expiry of period of t....
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....it of provisions u/s. 11 of the Act the Trust or Institute must have a valid registration u/s.12A of the Act. The procedure for registration is provided in Section 12AB of the Act. 7. In this case the Assessee has commenced its activities on 19/07/2024. The assessee applied for Registration within six months of commencement of activities as per the provisions of the Act. This fact has not been doubted by the Commissioner of Income Tax (exemption). 8. As per the Section 12AB of the Act, the Commissioner of Income Tax (exemption) has to verify Objects of the trust, whether they are charitable or not as defined in section 2(15) of the Act, and Genuineness of Activities and whether the activities are as per the Objects or not. One more aspect the Commissioner of Income Tax (exemption) has to verify is whether there is any violation of applicable Act. These are the specific aspects the Commissioner of Income Tax (exemption) has to verify and satisfy himself. 9. Now lets understand the objects of the Assessee Kosuke Sports Foundation, its objects are as under : -to promote, nurture the sport of 'Fencing' while fostering overall physical development of Youths. -....
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.... Activities and Charitableness of objects and activities. 13. The Commissioner of Income Tax (exemption) had asked for complete details of Coaches and their qualifications. Again this question is irrelevant in the case of the Assessee as one of the Director of the Assessee Mrs. Shweta Avad is an expert in Fencing and she has received various awards for the same. Mrs. Shweta Avad had represented India in World Fencing Championship held in Germany and won Bronz medal. She has also been awarded the prestigious Chhatrapati award. All these facts were provided to the Commissioner of Income Tax (exemption) by the assessee. 14. Non furnishing of bills and vouchers was not essential in the facts of this case as the assessee had proved beyond doubt the nature of activities carried out in short period. 15. We have also observed from the Order of the Commissioner of Income Tax (exemption) that he has not applied his mind at all to the facts submitted by the assessee and the facts mentioned by the assessee in the application. 16. We have already reproduced the Objects of the assessee, activities carried out by the assessee. In the facts and circumstances of the case we are convince....