NALINI CHITRE MAHILA VIDYA PRASARAK TRUST,NASHIK vs. COMMISSIONER OF INCOME TAX, EXEMPTION, PUNE, PUNE

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ITA 1037/PUN/2023Status: DisposedITAT Pune30 October 20233 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal decided to remand the matter back to the CIT(Exemption) for fresh consideration. The assessee is granted liberty to file all supporting evidence for its claim.

What were the facts?

The assessee trust applied for registration under Section 12AA of the Income Tax Act. The CIT(Exemption) rejected the application due to non-compliance by the assessee in providing required information. The assessee then sought an opportunity to furnish the evidence.

What were the issues?

Whether the rejection of the registration application under Section 12AA without providing sufficient opportunity to the assessee violates principles of natural justice.

Which sections of the Income-tax Act were involved?

Section 12AA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, PUNE

Before: SHRI R.S. SYAL & SHRI S.S. VISWANETHRA RAVI

For Appellant: Shri Charuhas D. Upasani
For Respondent: Shri Keyur Patel

आदेश / ORDER

PER S.S. VISWANETHRA RAVI, JM :

1.

This appeal by the assessee against the order dated 01-08-2023 passed by the Commissioner of Income Tax (Exemption), Pune [‘CIT(Exemption)’].

2.

The ld. AR submits that the assessee is not interested to prosecute ground No. 4 and accordingly, ground No. 4 is dismissed as not pressed. \

3.

Ground No. 1 raised by the assessee challenging the action of CIT(Exemption) in rejecting the application seeking registration u/s. 12AA of the Act in violation of principles of natural justice.

4.

At the outset, we note that the assessee filed an application seeking registration u/s. 12AA of the Act on 28-02-2023. The CIT(Exemption) issued notice on ITBA portal to verify the genuineness of the activities of the assessee and sought information/clarification which is evident from page 3 of the impugned order. Admittedly, there was no compliance by the assessee. In the absence of which the CIT(Exemption) proceeded to reject the application seeking registration u/s. 12AA of the Act vide para 2.2 of the impugned order. The ld. AR submits that the assessee is ready to furnish all the required evidences in support of its claim if this Tribunal gives an opportunity to the assessee to prosecute its case before the CIT(Exemption). The ld. DR reported no objection in remanding the matter to the file of CIT(Exemption) for its fresh consideration. Therefore, taking into consideration the facts and circumstances of the case and in the interest of justice, we deem it proper to remand the matter to the file of CIT(Exemption) for its fresh consideration. The assessee is liberty to file evidences, if any, in support of its claim. Thus, ground No. 1 raised by the assessee is allowed for statistical purpose.

5.

In view of our decision in ground No. 1, no adjudication is required for ground Nos. 2 and 3.

6.

In the result, the appeal of assessee is allowed for statistical purpose.

Order pronounced in the open court on 30th October, 2023.

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