registration of trust.
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
15 August 2010
what is the procedure to register atrust u/s 12a?
CA Sanat Pyne
(Expert)
15 August 2010
Registration of Charitable trust U/S 12A
01. An application seeking registration U/S 12A of Income Tax Act, 1961 was filed before commissioner of Income Tax on 30-05-2007.
02. On receipt of application The Commissioner of Income Tax forwarded entire documents to the Assessing officer (Income Tax Officer) under which jurisdiction the applicant falls with a direction to submit report as per Performa vide Memo no. 101/2007-08 dt.11.06.2007.A copy of above forwarding was also given to:
i) Concerned Range Additional Commissioner of Income Tax
ii) The applicant for information with following words – “He is required to furnish
- Books of Accounts
- Original M.O.A.
- Activities Report
Never date and time was fixed for hearing and the applicant on his own appeared before concerned jurisdiction assessing officer (Income Tax Officer)(not Commissioner’s office) and produced
– Books of Accounts
- Original M.O.A.
- Activities Report
The concerned Assessing Officer (Income Tax officer)also deputed a team of Inspector’s to verify the status, activity etc. of applicant at applicant’s place.
Thus proceedings before Income Tax officer continued till 25.12.2007.
Meanwhile on 26.12.2007,the applicant received an order U/S 12AA of Income tax Act, 1961 made by Commissioner of Income tax rejecting the application for registration U/S 12A mainly on the ground that the applicant was asked to produce the books of accounts, original M.O.A.and activity report vide Memo no. 101/2007-08 dt.11-06-2007 but there was no compliance from the applicant.
Section 12AA of of Income Tax Act, 1961 which deals specifically with Procedure for Registration lays down that: -
“Provided that no order under sub-clause (ii) shall the passed unless the applicant has been given a reasonable opportunity of being heard.”
i) Can it be concluded from above that no reasonable opportunity of being heard has been given to applicant and thereby violating Section 12AA because never notice fixing date and time of hearing was served on assesee and referred memo without specifying time and date and before whom to appear is not notice ?
ii) What is the remedy available to the applicant other than moving Income Tax Appellate Tribunal ?
iii) Can the applicant file a rectification petition U/S 154 before commissioner of Income Tax on the ground that it is a glaring and obvious mistake of law for not providing a reasonable opportunity of being heard ?
iv) Can the commissioner pass rectification order U/S 154 giving registration to applicant U/S 12A subject to other condition being fulfilled ?
01. An application seeking registration U/S 12A of Income Tax Act, 1961 was filed before commissioner of Income Tax on 30-05-2007.
02. On receipt of application The Commissioner of Income Tax forwarded entire documents to the Assessing officer (Income Tax Officer) under which jurisdiction the applicant falls with a direction to submit report as per Performa vide Memo no. 101/2007-08 dt.11.06.2007.A copy of above forwarding was also given to:
i) Concerned Range Additional Commissioner of Income Tax
ii) The applicant for information with following words – “He is required to furnish
- Books of Accounts
- Original M.O.A.
- Activities Report
Never date and time was fixed for hearing and the applicant on his own appeared before concerned jurisdiction assessing officer (Income Tax Officer)(not Commissioner’s office) and produced
– Books of Accounts
- Original M.O.A.
- Activities Report
The concerned Assessing Officer (Income Tax officer)also deputed a team of Inspector’s to verify the status, activity etc. of applicant at applicant’s place.
Thus proceedings before Income Tax officer continued till 25.12.2007.
Meanwhile on 26.12.2007,the applicant received an order U/S 12AA of Income tax Act, 1961 made by Commissioner of Income tax rejecting the application for registration U/S 12A mainly on the ground that the applicant was asked to produce the books of accounts, original M.O.A.and activity report vide Memo no. 101/2007-08 dt.11-06-2007 but there was no compliance from the applicant.
Section 12AA of of Income Tax Act, 1961 which deals specifically with Procedure for Registration lays down that: -
“Provided that no order under sub-clause (ii) shall the passed unless the applicant has been given a reasonable opportunity of being heard.”
i) Can it be concluded from above that no reasonable opportunity of being heard has been given to applicant and thereby violating Section 12AA because never notice fixing date and time of hearing was served on assesee and referred memo without specifying time and date and before whom to appear is not notice ?
ii) What is the remedy available to the applicant other than moving Income Tax Appellate Tribunal ?
iii) Can the applicant file a rectification petition U/S 154 before commissioner of Income Tax on the ground that it is a glaring and obvious mistake of law for not providing a reasonable opportunity of being heard ?
iv) Can the commissioner pass rectification order U/S 154 giving registration to applicant U/S 12A subject to other condition being fulfilled ?
15 August 2010
Documents required are as follows:-
1) Form 10A in duplicate.
2) Copy of PAN card in duplicate.
3) Copy of trust deed in duplicate.
4) If trust is functioning prior to date of application copy of financial statements in duplicate.
5) Declaration under section 13(1)(c) in duplicate.
The above documents has to be filed before the Commissioner of Income tax.
1) Form 10A in duplicate.
2) Copy of PAN card in duplicate.
3) Copy of trust deed in duplicate.
4) If trust is functioning prior to date of application copy of financial statements in duplicate.
5) Declaration under section 13(1)(c) in duplicate.
The above documents has to be filed before the Commissioner of Income tax.
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