Form 10AB for trust

https://thetaxtalk.com/2021/10/25/filing-form-no-10/

ssessee has filed application No.CIT EXEMPTION, PUNE/2022-

23/12AA/11605 in Form No.10AB under clause (iii) of first proviso to sub-section (5)

of section 80G of the Income Tax Act, 1961 on 30/03/2022.

2. The application was carefully perused and considered along with its

annexures. With a view to verify the genuineness of activities of the assessee and

fulfilment of conditions laid down in clauses (i) to (v) of Section 80G(5), a notice was

issued through ITBA portal on 03/08/2022 requesting him to upload certain other

information / clarification by 18/08/2022. Another opportunity was given to the

assessee vide notice dated 19/09/2022 requesting him to submit his compliance by

26/09/2022. The assessee was specifically informed that in the event of failure to

comply by the due date, the matter will be decided based on material available on

record. Both these notices were duly served on the assessee through e-portal /

email. An opportunity of being heard was also granted vide the above notice, but the

assessee did not attend on given date.

3. It is seen that the assessee has not submitted the requisite details. Even on

perusal of the application in form No.10AB, it is seen that the assessee has not

submitted any satisfactory material including a note on activities before the

undersigned.

3.1 As per the provisions of Rule 11AA(2)(h) of the Income Tax Rules, 1962, the

application in Form No.10AB shall be accompanied by note on activities giving details

of activities of the assessee. However, the assessee has failed to furnish the same.

It is also seen from the data available on ITBA portal that the assessee has not

uploaded these details despite giving ample opportunities as detailed above. In

absence of any such tangible material in respect of details and proof of activities

being carried out, it is not possible to ascertain as to whether the activities are in line

with the objects of the trust / institution. Hence, the undersigned is unable to draw

any satisfactory conclusion about genuineness of activities of the assessee and

fulfilment of conditions laid down in clause (i) to (v) of section 80G(5) of the Act.

4. In view of the above, the application filed by the assessee is hereby rejected.

Form AC also canceled 

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