TaxTMI 
TaxTMI 
2025 (2) TMI 1647
X X X X Extracts X X X X
X X X X Extracts X X X X
....s 12A(1)(ac)(iii) of the Income Tax Act, 1961 and the provisional approval u/s 12A(1)(ac)(iii) of the Act granted earlier has also been cancelled. 2. On the facts and in the circumstances of the case as well as the law on the subject, the learned Commissioner of the Income Tax (Exemption), Ahmedabad has erred in not granting adequate opportunity of hear and passed the order, hence, the principal of natural justice is not abide. 3. On the facts and in the circumstances of the case as well as law on the subject, the appellant Trust is qualifying for registration u/s 12A(1)(ac)(iii) of the Income Tax Act, 1961. 4. It is therefore prayed that the CIT(Exemption) should be directed passed u/s 12A(1)(ac)(iii) of the Income Tax Act, may please be set aside to the file of the CIT(Exemption) with appropriate direction. 5. Appellant craves leave to add, alter or delete any ground(s) either before of in the course of the hearing of the appeal." 3. The grounds of appeal raised by the assessee in ITA No.1077/SRT/2024 are as follows: "1. On the facts and circumstances of the case as well as law on the subject, the learned Commissioner of Income Tax ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....trust has been formed as association to protect the interest and welfare of its member, which can hardly be considered as charitable in nature, particularly when essence of altruism is absent for the same. He held that the objects are not for the benefit of public at large. The object is related to mutually beneficial activities for the upliftment of the career of each member of the association. The members of the Alumni Association are also office bearer of the association. The other objects of the association are also for the benefit of members and not for the benefit of public at large. In view of the objects in MoA, the CIT(E) was of the opinion that objects are not for general public utility and are not for charitable purposes as defined u/s 2(15) of the Act. Hence, assessee was not eligible for registration u/s 12A of the Act. Therefore, application filed in Form No.10AB u/s 12A(1)(ac)(iii) of the Act was rejected and provisional registration was also cancelled. 5. Aggrieved by the order of CIT(E), the assessee filed appeal before the Tribunal. The learned Authorized Representative (ld. AR) submitted a paper book giving various details including the Memorandum of Associati....
X X X X Extracts X X X X
X X X X Extracts X X X X
....General public utility 7. To conduct cultural recreational and health activities for the members and students of the college Education, General public utility 8. To organize educational and exploratory tours for the members and students of the college Education 9. To fulfil social responsibilities towards society General public utility 10. To honour and reward former students who have achieved special achievement in any field and to provide a platform for discussion and consideration among them General public utility 11. To promote entrepreneurship and innovation among students Education 12. To persuade alumni to participate in activities that contributes to the development of the college and society General public utility 13. To make efforts to solve the difficulties and problems encountered in the field of education and activities to promote it General public utility Education 14. Providing employment opportunities to students and showing their problems General public utility 15. To carry out such functions as may be lawfully expedient to carry out the objects of the Association and in the interest of t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....as 01.12.2021. The applicant had been granted provisional approval on 16.12.2022 in Form No.10AC under clause (vi) of first proviso to section 80G(5) of the Act for the period commencing from AY.2022-23. Vide notice dated 12.01.2024, the CIT(E) intimated the applicant that the date of commencement of activities should be six months prior to date of filing of Form 10AB. He requested as to why the application filed in section 80G(5)(iii) in Form 10AB should not be treated as not filed and be not rejected. The appellant did not file any response to the above notice of the CIT(E). Thereafter, the CIT(E) observed that appellant was required to file application in Form 10AB on or before 30.09.2022, which it failed to submit. As the application was not filed before 30.09.2022 within the extended time limit as per Circular No.8 of 2022, the application was rejected without going into the merits of the case. The provisional approval was also cancelled. 10. Aggrieved by the order of CIT(E), the assessee-trust has filed appeal before the Tribunal. The ld. AR submitted that as the assessee-trust was granted provisional approval, it was required to file the application for final approval at ....