SPORTSRANCH FOUNDATION,NEW DELHI vs. CIT (EXEMPTION), NEW DELHI
What did the Tribunal hold?
The tribunal condoned the delay in filing the appeals. It was observed that the CIT(E)'s order did not address the mode of service of notices. Therefore, the tribunal decided to give the assessee an opportunity to file the required documents and restored the issue to the CIT(E) for fresh adjudication.
What were the facts?
The assessee's appeals were filed belatedly by 28 days due to communication issues between the assessee and its Chartered Accountant. The delay was condoned by the tribunal. The CIT(E) had rejected the applications for registration under sections 12AB and 80G, citing non-filing of necessary documents.
What were the issues?
Whether the CIT(E) properly adjudicated the applications under sections 12AB and 80G without considering the mode of service of notices and by not giving adequate opportunity to the assessee to produce documents.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCHES: G : NEW DELHI
Before: SHRI ANUBHAV SHARMA & SHRI MANISH AGARWAL
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES: G : NEW DELHI BEFORE SHRI ANUBHAV SHARMA, JUDICIAL MEMBER AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER ITAs No.1973 & 1974/Del/2025 Assessment Years: 2025-26 Sportsranch Foundation, Vs CIT (Exemption), Flat No.201, Delhi. Saraswati Apartments, S-6, Sec-D, Pkt-C, Vasant Kunj, New Delhi – 110 070. PAN: ABGCS7486N (Appellant) (Respondent) Assessee by : Shri Vikas Soni, AR Revenue by : Shri N.K. Bansal, CIT-DR Date of Hearing : 25.06.2025 Date of Pronouncement : 25.06.2025 ORDER PER ANUBHAV SHARMA, JM:
These appeals are preferred by the assessee against the orders dated 24.12.2024 of the Ld. Commissioner of Income-tax (Exemption), New Delhi, rejecting applications u/s 12AB and 80G of the Income Tax Act 1961.
At the time of hearing, it was pointed out that the present appeals have been filed belatedly by 28 days for which the ld. AR has submitted that the delay was caused due to lack of communication between the assessee and the concerned Chartered Accountant of the assessee. Since the delay is not of a ITAs No.1973 & 1974/Del/2025 substantial period, the same is condoned and the appeals are admitted for hearing.
On hearing both the sides, we find that while passing the impugned order, the ld. CIT(E) has observed that necessary documents were not filed leading to a conclusion that the genuineness of the charitable activities is not established. The ld. AR has submitted that the notices were not received. As the orders of the ld.CIT(E) is silent with regard to the manner/mode of service to the knowledge of the assessee to benefit the assessee, we consider it an appropriate case to give the assessee an opportunity to file the relevant documents/information to the satisfaction of the ld.CIT(E). The issue is restored to the files of the ld.CIT(E) to call for relevant information on these documents and decide the applications afresh as per law, after giving due opportunity of hearing to the assessee. The appeals are allowed, for statistical purposes only. Order pronounced in the open court on 25.06.2025. Sd/- Sd/- (MANISH AGARWAL) (ANUBHAV SHARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 25th June, 2025. dk
ITAs No.1973 & 1974/Del/2025
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