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43. (2025) 176 taxmann.com 561 (Mum Trib)
TIH Foundation for IOT and IOE vs. CIT
ITA No.: 2904/Mum/2025
A.Y.: 2025-26 Dated: 10.07.2025
Section: 12AB
Mere existence of any object allowing the charity to carry out activity outside India will not enable CIT(E) to deny registration under section 12AB.
FACTS
The assessee was a not-for-profit company incorporated under section 8 of the Companies Act, 2013, established pursuant to the directions of the Ministry of Science and Technology, Government of India, and hosted by IIT Bombay. It was granted registration under section 12AB for A.Y. 2021-22 to A.Y. 2025-26. It applied for renewal of registration under section 12AB.
CIT(E) rejected the application for registration for the reason that there was a possibility of future endeavour by the assessee which would require expenditure outside India which would be in violation of section 11.
Aggrieved, the assessee filed an appeal before ITAT.
HELD
