Rejection of reg. application u/s 12AA(1)(b)(ii) of I.T.Act held correct, ITAT

Rejection of reg. application u/s 12AA(1)(b)(ii) of I.T.Act held correct, ITAT

Income Tax

Assessee trust filed application for reg. u/s 12A before DIT (E). Assessee has been constituted by Trust Deed & registered with Charity Commission'r. DIT(E) rejected assessee's application for reg. u/s 12AA(1)(b)(ii) of I.T.Act. On appeal ITAT upheld the DIT decision finding that assessee trust has not been able to rebut findings/decision of DIT in respect of rejection of its application for reg. u/s 12AA of I.T.Act.-500919

Facts in Brief:

1. The assessee trust filed an application for registration under section 12A of the Act before the DIT (Exemption), Mumbai.

2. As per the details in the impugned order, the assessee has been constituted by Trust Deed and registered with the Charity Commissioner, Mumbai.

3. DIT, after examining the details and documents furnished by the assessee, was of the view that the assessee trust had failed to comply with the mandatory requirements prescribed under section 12AA of the Act r.w Foundation for Populaton & Development Rule 17A of the IT Rules, 1962.

4. DIT rejected the assessee's application for registration vide the impugned order under section 12AA(1)(b)(ii) r.w.s. 12A of the Act.

On appeal ITAT held,

5. We find that the assessee trust has not been able to rebut the findings/decision of the learned DIT in respect of the rejection of its application for registration under section 12AA of the Act. In this view of the matter, we do not find any reason to interfere with or deviate from the findings as recorded by the learned DIT (Exemption) and accordingly uphold the action in rejecting the assessee's application for registration under section 12AA of the Act.

6. In the result, the assessee's appeal is rejected.

Case Reference - Mumbai Foundation For Population & ... vs Assessee

(Income Tax Appellate Tribunal)