Shila Ashok Shah Foundation Vs. CIT (Exemptions)

Parties Involved

Facts Summary

The Shila Ashok Shah Foundation, an assessee, filed an appeal against the order dated 29/11/2024 passed by the Learned Commissioner of Income Tax (Exemption), Mumbai, rejecting its application for registration under Section 12AB of the Income Tax Act. The foundation had provided an educational grant of Rs. 4,00,000 to an Indian student for studying abroad at Brunel University, London. The Learned CIT (Exemption) rejected the application on the grounds that the income was applied outside India, in violation of Section 11(1)(c) of the Act. The foundation argued that the funds were given to the student in India and cited the precedent of Jamshedji Tata Trust vs. Joint Director of Income Tax (Exemption) to support its claim.…

Legal Issues

• 1. Whether the Learned CIT (Exemption) erred in rejecting the application for registration under Section 12AB of the Act.
• 2. Whether the delay in filing the appeal should be condoned.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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