TaxTMI 
TaxTMI 
2025 (4) TMI 1782
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....ively. For the sake of convenience, these two appeals were heard together and are being disposed of by this common order. 1.1 The Assessee in ITA No. 2642/PUN/2024 has raised the following grounds of appeal : "The Appellant respectfully submits as under: 1. Rejection of Registration Application The learned Commissioner of Income Tax (Exemptions) ["CT(E)"] erred in rejecting the application for registration under section 12AB of the Income Tax Act, 1961, filed by the Appellant, without properly appreciating the facts of the case and the submissions made by the Appellant. 2. Rejecting the approval on the ground that provisions of section 36A of the Maharashtra Public Trust Act, 1950 is violated 2.1. The ....
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.... 1. Rejection of approval u/s 80G(5) The learned Commissioner of Income Tax (Exemptions) ["CIT(E)"] erred in rejecting the application for approval under section 80G(5) of the Income Tax Act. 1961, filed by the Appellant, without properly appreciating the facts of the case and the submission made by the Appellant 2. Rejecting the approval on the ground that provisions of section 36A of the Maharashtra Public Trust Act, 1950 is violated. 2.1. The Ld. CIT(E) erred in rejecting the approval on the ground that the trust has raised the loans and permission from the Charity Commissioner under the provisions of Section 36A of the Maharashtra Public Trust Act, 1950, is not obtained and therefore held that the activ....
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....Income Tax Act, 1961, may kindly be allowed. c) Such other and further relief as deemed just and proper in the circumstances of the case may please be granted." ITA No. 2642/PUN/2024 : 2. Brief facts of the case are that the assessee filed an application in Form No.10AB under section 12(A)(1)(ac) of the Act, dated 20.04.2024 In order to verify the genuineness of the activities of the assessee and in compliance to requirements of any other law for the time being in force by the trust / institution as are material for the purpose of achieving its objects, a notice dated 05.06.2024 and 03/10/2024 was issued by ld. CIT(E) through ITBA Portal requesting the assessee to upload certain information / clarification. The assessee in re....
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....obtaining permission of Charity Commissioner for the loan. 3. For the same reason, the ld. CIT(E) rejected the application for grant of approval under section 80G of the Act also. 4. Aggrieved with such order of ld. CIT(Exemption), the assessee is in appeal before the Tribunal. Submission of ld.AR : 5. Ld.AR filed a factual paper book and case law paper book. Ld.AR submitted that the Assessee Trust is organizing education and training in Vipassana. Ld.AR submitted that Vipassana is a Ancient Indian Meditation Technique. Assessee is organizing training and education of Vipassana. Ld.AR invited our attention to page 64 to 75 which were photographs to demonstrate residential courses conducted by assessee for Vipassana Training. Ld.....
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....) for the Revenue supported the order of ld. CIT(E). Findings & Analysis : 8. We have heard both the parties and perused the material on record. On perusal of the order under section 12A(1)(ac)(vi) of the Act, it is observed that ld. CIT(E) has rejected assessee's application only one ground i.e. Assessee had not taken prior permission of Charity Commissioner before taking Loan of Rs. 1,15,800/-. Ld. CIT(E) was of the opinion that at least post-facto permission should have been taken. It is noted that ld. CIT(E) has not discussed about the activities of the Assessee, it means ld. CIT(E) has accepted that activities of the assessee are charitable in nature. We have perused the paper book filed by the assessee. It is observed that asses....
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....n of Rs.1,15,800/- is concerned, it is observed that assessee had submitted PAN and Aadhar of the Lenders. The ld. CIT(E) has not doubted the genuineness of the loan. During the proceedings, a letter has been submitted which states that assessee has applied for post-facto permission from Charity Commissioner with reference to the said loan. Thus, as stated by ld. CIT(E) in his order, the assessee has applied for post-facto permission. It is observed that on identical facts, ITAT Nagpur in the case of Prerana Samajik Sanskrutik Bahuddeshiya Shikshan Sanstha vs CIT(E) in ITA No. 376/NAG/2023 has allowed the assessee's appeal and directed ld. CIT(E) to grant registration under section 12A of the Act. In these facts and circumstances of the cas....