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Kogta Foundation vs. CIT(E)

Case No: ITA No. 288 & 289/JPR/2024
Court: INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”B” JAIPUR
Date: 27 Sept 2024

Parties Involved

appellantKogta Foundation
respondentCIT(E)

Facts Summary

The Kogta Foundation, a charitable trust, filed an application for registration under section 12AB of the Income Tax Act, 1961, which was rejected by the Commissioner of Income Tax (Exemption). The trust appealed against the rejection, arguing that the reasons provided were incorrect and that they had complied with all procedures. The trust also filed an application for recognition under section 80G of the Act, which was also rejected. The trust argued that the rejection was based on incorrect grounds and that they were eligible for registration. The Income Tax Appellate Tribunal remanded the matter to the Commissioner of Income Tax (Exemption) to decide the registration aspect of the matter in accordance with law and provide due opportunity of being heard to the assessee.

Decision in favour of

Assessee

Legal Issues

  • 1. Rejection of registration under section 12AB of the Income Tax Act, 1961
  • 2. Rejection of recognition under section 80G of the Income Tax Act, 1961

Judgment Outcome

Decided in favour of Assessee.

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