Trust Not Eligible for Sec. 12AB Registration If It Isn’t Registered Under State Trust Act Applicable to It | ITAT
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Case Details: Lokesh Agarwal Dharmarth vs. Commissioner of Income Tax (Exemption) - [2024] 164 taxmann.com 228 (Jaipur-Trib.)
Judiciary and Counsel Details
- Sandeep Gosain, Judicial Member & Dr Dipak P. Ripote, Accountant Member
- Vikash Rajvanshi, AR for the Appellant.
- Arvind Kumar, CIT-DR for the Respondent.
Facts of the Case
The assessee was a charitable trust formed in December 2012. During the relevant assessment year, it applied for registration under section 12AB. The application was rejected by the CIT(E) on the following grounds:
- Non-registration of the assessee with the Rajasthan Public Trust Act.
- The genuineness of activities could not be ascertained due to non-compliance.
- Incomplete Form 10AB filed by the assessee.
Aggrieved by the order, an appeal was filed to the Jaipur Tribunal.
ITAT Held
The Tribunal held that it was an admitted fact that the assessee was not registered under the Rajasthan Public Trust Act. The assessee submitted that its application for registration under the Rajasthan Public Trust Act was pending with the competent authority.
As per section 17 of the Rajasthan Public Trust Act, it is mandatory for a Public Trust to register under the Rajasthan Public Trust Act within three months from the date of its creation. Section 12AB(1) of the Income-tax Act mandates that all the applicable laws shall be followed, and if any applicable law is not followed by the Trust, then it is not eligible for registration.
In the instant case, admittedly, the Rajasthan Public Trust Act applies to the assessee, and the assessee did not follow its provisions. Therefore, as per section 12AB(1), the assessee was not eligible for registration under section 12AB of the Act.
List of Cases Reviewed
- New Noble Education Society v. Chief Commissioner of Income-tax [2022] 143 taxmann.com 276 (SC) (para 6.2) followed.
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