SHRI DIGAMBAR JAIN (PRACHIN) TIRTH KSHETRA ANJANGIRI,NASHIK vs. COMMISSIONER OF INCOME TAX (EXEMPTION), PUNE, PUNE

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ITA 527/PUN/2023Status: DisposedITAT Pune31 July 2023AY 2024-253 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal condoned the delay and, in the interest of justice, remanded the matters back to the CIT(Exemption) for fresh consideration. The assessee was granted liberty to file evidence in support of its claims.

What were the facts?

The assessee filed appeals with a delay, which was condoned. The appeals involved similar facts and issues concerning registration proceedings before the CIT(Exemption).

What were the issues?

Whether the assessee was aware of the notices issued by the CIT(Exemption) and whether the matter should be remanded for fresh consideration to allow the assessee to present its case and evidence.

Which sections of the Income-tax Act were involved?

Section 80G(5),Section 12AA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, PUNE

Before: SHRI INTURI RAMA RAO & SHRI S.S. VISWANETHRA RAVI

For Appellant: Shri Pramod S. Shingte
For Respondent: Shri Keyur Patel

आदेश / ORDER

PER S.S. VISWANETHRA RAVI, JM :

1.

These two appeals by the assessee against the separate order dated 04-03-2023 and 27-02-2023 passed by the Commissioner of Income Tax (Exemption), Pune [“CIT(E)”].

2.

We find that both the appeals were filed with a delay of 05 days. Upon hearing both the parties, we find that the reasons explained by the ld. AR are bonafide which really prevented the assessee to file both the appeals in time. Therefore, the delay of 05 days are condoned.

3.

Since, the issues raised in both the appeals are similar basing on the same identical facts. Therefore, with the consent of both the parties, we proceed to hear both the appeals together and to pass a consolidated order for the sake of convenience.

4.

First, we shall take up appeal of assessee in .

5.

We note that, vide ground No. 2, the ld. AR submits that the assessee was not aware about the receipt of notices issued by the CIT(Exemption) during the registration proceedings. He submits that the assessee is now ready to comply with the said notices if this Tribunal affords an opportunity to the assessee to prosecute its case before the CIT(Exemption) seeking registration u/s. 80G(5) of the Act. On perusal of the impugned order, we note that the CIT(Exemption) issued notices, however, no response/reply filed by the assessee which is evident from para Nos. 2, 2.1, 3, 3.1, 3.2 and 3.3 of the impugned order. The ld. DR did not dispute the same. In view of the same, without going into the merits, in the interest of justice taking into consideration the facts and circumstances of the case and submissions of ld. AR and ld. DR, we deem it proper to remand the matter to the file of CIT(Exemption) for its fresh consideration. The assessee is liberty to file evidence, if any, in support of its claim. Thus, the grounds raised by the assessee are allowed for statistical purpose.

6.

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

7.

We find that the facts in are identical to except the assessee seeking registration u/s. 12AA of the Act. Since, the facts in ITA No. 528/PUN/2023 are similar to ITA No. 527/PUN/2023, the findings given by us while deciding the appeal of assessee in ITA No. 527/PUN/2023 would mutatis mutandis apply to ITA No. 528/PUN/2023, as well. Accordingly, the appeal of assessee is allowed for statistical purpose.

8.

In the result, both the appeals of assessee are allowed for statistical purpose.

Order pronounced in the open court on 31st July, 2023.

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