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Income Tax Appellate Tribunal, MUMBAI BENCH “B” MUMBAI
Before: SHRI OM PRAKASH KANT & SHRI RAHUL CHAUDHARY
This appeal by the assessee is directed against order dated 30.09.2022 passed by the Ld. Commissioner of Income-tax (Exemptions), Pune (in short ‘the Ld. CIT’) in relation to refusal of the Registration u/s 80G of the Income-tax Act, 1961 (in short ‘the Act’). The ground raised by the assessee is reproduced as under:
Brahmachaitanya Gondavlekar Maharaj Brahmachaitanya Gondavlekar Maharaj 2 Aradhana Kendra AY 2022-23
Order passed by the Learne Order passed by the Learned Commissioner of Income d Commissioner of Income Tax, Exemption, Mumbai U/s 12AB ws 80G(5)(il) of the Tax, Exemption, Mumbai U/s 12AB ws 80G(5)(il) of the Tax, Exemption, Mumbai U/s 12AB ws 80G(5)(il) of the act dated 30/09/2022 (DIN:ITBA/EXM/F/EXM45/2022 act dated 30/09/2022 (DIN:ITBA/EXM/F/EXM45/2022 act dated 30/09/2022 (DIN:ITBA/EXM/F/EXM45/2022- 23/1046142200(1)] is Bad in law as (a) it seems that the 23/1046142200(1)] is Bad in law as (a) it seems that the 23/1046142200(1)] is Bad in law as (a) it seems that the Judicial Mind has not been applied, (b) the Proper Judicial Mind has not been applied, (b) the Proper Judicial Mind has not been applied, (b) the Proper Reasonable Opportunity Reasonable Opportunity of being Heard has not been of being Heard has not been given & (c) Rejected only for the want of Note on the given & (c) Rejected only for the want of Note on the given & (c) Rejected only for the want of Note on the Activities of the Trust or Rebutting the same for its Activities of the Trust or Rebutting the same for its Activities of the Trust or Rebutting the same for its compliance and ignoring the fact that the registration compliance and ignoring the fact that the registration compliance and ignoring the fact that the registration under section 12AB has been granted and therefore the under section 12AB has been granted and therefore the under section 12AB has been granted and therefore the aforesaid aforesaid Original Order passed may please be restored. Original Order passed may please be restored.
At the outset, we find from the record that the Registry has At the outset, we find from the record that the Registry has At the outset, we find from the record that the Registry has pointed out delay of 9 days in filing the appeal. However, on perusal pointed out delay of 9 days in filing the appeal. However, on perusal pointed out delay of 9 days in filing the appeal. However, on perusal of the record, we find that order by the Ld. CIT has passed on of the record, we find that order by the Ld. CIT has passed on of the record, we find that order by the Ld. CIT has passed on 30.09.2022 and therefore appeal was due for filing before the ITAT and therefore appeal was due for filing before the ITAT and therefore appeal was due for filing before the ITAT on or before 29.11.2022. Whereas this appeal has been filed by the on or before 29.11.2022. Whereas this appeal has been filed by the on or before 29.11.2022. Whereas this appeal has been filed by the assessee on 28.11.2022 before the Income assessee on 28.11.2022 before the Income-tax Appellate Tribunal, tax Appellate Tribunal, Bench Pune. The appeal then has been transferred to Mumbai he appeal then has been transferred to Mumbai he appeal then has been transferred to Mumbai Benches on 08.12.2022 and the Registry at Mumbai has n 08.12.2022 and the Registry at Mumbai has n 08.12.2022 and the Registry at Mumbai has accordingly pointed out delay of 9 days in filing this appeal. In our accordingly pointed out delay of 9 days in filing this appeal. In our accordingly pointed out delay of 9 days in filing this appeal. In our opinion, there is no delay in filing the appeal by the assessee delay in filing the appeal by the assessee, as the delay in filing the appeal by the assessee appeal has been received by the Tribunal within the prescribed appeal has been received by the Tribunal within the prescribed appeal has been received by the Tribunal within the prescribed period. The defect raised by the Registry is accordingly treated as The defect raised by the Registry is accordingly treated as The defect raised by the Registry is accordingly treated as removed and the appeal is admitted for adjudication. removed and the appeal is admitted for adjudication. removed and the appeal is admitted for adjudication.
Brahmachaitanya Gondavlekar Maharaj Brahmachaitanya Gondavlekar Maharaj 3 Aradhana Kendra AY 2022-23
Before us, none appeared on behalf of the assessee. Before us, none appeared on behalf of the assessee. Before us, none appeared on behalf of the assessee. In view of the written submission of the assessee already on record, the the written submission of the assessee already on record, the the written submission of the assessee already on record, the adjournment application of the assessee was rejected and appeal application of the assessee was rejected and appeal application of the assessee was rejected and appeal was heard ex-partee qua the assessee after hearing arguments of Ld partee qua the assessee after hearing arguments of Ld partee qua the assessee after hearing arguments of Ld Departmental Representative. Departmental Representative.
On perusal of the order of the Ld. CIT On perusal of the order of the Ld. CIT, we find that the Ld. CIT we find that the Ld. CIT in Form No. 10AB should noticed that the prescribed application noticed that the prescribed application in Form No. 10AB should have been accompanied by a note of the activities of the assessee. have been accompanied by a note of the activities of the assessee. have been accompanied by a note of the activities of the assessee. However, said note wasneither wasneither enclosed by the by the assessee enclosed by the by the assessee nor even uploaded on Income on Income-tax Portal , despite opportunities provided espite opportunities provided and therefore, in absence of a and therefore, in absence of any tangible material in respect of ny tangible material in respect of the Ld. CIT rejected the details and proof of the activities details and proof of the activities, the Ld. CIT rejected the application of the assessee seeking registration/approval u/s 80G application of the assessee seeking registration/approval u/s 80G application of the assessee seeking registration/approval u/s 80G of the Act. On perusal of the written submission filed and available of the Act. On perusal of the written submission filed and available of the Act. On perusal of the written submission filed and available the assessee has filed detail/ report in on record, we find that on record, we find that the assessee has filed detail respect of donations trustees etc respect of donations trustees etc, but specific details have not been , but specific details have not been Therefore, in the interest of called for from the assessee. called for from the assessee. Therefore, in the interest of substantial justice, we feel it appropriate to restore the matter back substantial justice, we feel it appropriate to restore the matter back substantial justice, we feel it appropriate to restore the matter back to the file of the Ld. CIT(A) for deciding afresh after providing of the Ld. CIT(A) for deciding afresh after providing of the Ld. CIT(A) for deciding afresh after providing opportunity of being heard to the assessee. Accordingly, adequate opportunity of being heard to the assessee. Accordingly, opportunity of being heard to the assessee. Accordingly, the ground raised by the assessee the ground raised by the assessee is allowed for statistical allowed for statistical purposes.
Brahmachaitanya Gondavlekar Maharaj Brahmachaitanya Gondavlekar Maharaj 4 Aradhana Kendra AY 2022-23
In the result, the appeal filed by the assessee is allowed for In the result, the appeal filed by the assessee is allowed for In the result, the appeal filed by the assessee is allowed for statistical purposes.
Order pronounced in the open Court/under Rule 34(4) of Order pronounced in the open Court/under Rule 34(4) of Order pronounced in the open Court/under Rule 34(4) of the ITAT Rules, 1963 on the ITAT Rules, 1963 on 13/02/2023. Sd/- Sd/- - (RAHUL CHAUDHARY RAHUL CHAUDHARY) (OM PRAKASH KANT OM PRAKASH KANT) JUDICIAL MEMBER JUDICIAL MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER Mumbai; Dated: 13/02/2023 Rahul Sharma, Sr. P.S.