Order under section 254(1) of Income Tax Act

PER PAWAN SINGH, JUDICIAL MEMBER:

1. These four appeals by different society-trust (assessee) are directed against the separate orders of ld. Commissioner of Income Tax (Exemption) [for short “CIT(E)”] rejecting application for registration of Trust/ society under section 12AB. Facts in all the appeals are similar, all the appellants/ assessees have raised certain similar grounds of appeal, therefore, with the consent of both the parties, both the appeals were heard together. For appreciation of facts, the appeal in ITA No 601/Nag/2024 is treated as lead case.

2. Rival submissions of both the parties have been heard and record perused.The ld. Authorised Representative (AR) of the assessee submits that assessee is a charitable Trust /Institution, filed application for registration of Trust under section 12AA/12AB on 27.03.2024. At the time of filing online application, the assessee furnished all the required evidence and information. In response to show cause notice by ld. CIT(E) the assessee again furnished required details. The ld. A.R. submits that once the assessee furnished evidence about the object and activities, the assessee is eligible for registration under section 12AB. The ld. AR of the assessee prayed for allowing all the appeals with direction to ld. CIT(E) for granting registration forthwith. In alternative and without prejudice submission, the ld. AR of the assessee submits that all the appeals may be restored to the file of ld. CIT(E)for passing the order afresh, after considering the evidence on record.

3. On the other hand, ld. CIT–DR for revenue submits that assessee has not responded in response to notice issued by CIT(E). the ld. CIT(E) in his finding has clearly recorded that the assessee failed to furnish required evidence, the assessee in its reply dated 22.09.2024, did not furnish point wise (issue wise) reply response to show cause as it has been clearly recorded in para- 6. Thus, from the conduct of assessee it was clear that they are not interested in furnishing the required evidence to substantiate object, activities and compliance on any other law, entitling them for registration under section 12AB, therefore, all the assessees are not eligible for any relief from this Tribunal. All the appeals may be dismissed.

4. We have considered the rival submissions of both the parties and have gone through the orders of lower authorities carefully. On perusal of impugned order passed by ld. CIT(E), we find that at the time of the filing application online the assessee furnished certain details and evidence. Further, in response to the show cause notice dated 15.09.2024, the assesse also filed its response with certain other details vide reply dated 20.09.2024. The ld. CIT(E) was of the view that assessee has not furnished point-wise reply to his notice and merely furnished list of donations made by it. However, it is not clarified whether such institutions have similar objectives as of the assessee. He was further of the view that donations given to other institutions is as per objects of the assessee. Resultantly, the application of assessee for registration under section 12AA/12AB was rejected for the want of compliance. Considering the facts and circumstances of the case, in our view the assessee deserves one more opportunity to explain its objects and activities for seeking registration under section 12AB, therefore matter is restored back to the file of CIT(E) to re–consider the application afresh. Needless to direct that before passing the order, the ld. CIT(E) shall allow fair and reasonable opportunity to the assessee. The assessee is also directed to be more vigilant in future towards making timely compliance and providing required details to the office of CIT(E). In the result, the grounds of appeal raised by the assessee are allowed for statistical purposes.

5. In the result, ITA No. 601/Nag/2024 is allowed for stat