BIL - RYERSON TECHNOLOGY STARTUP INCUBATOR FOUNDATION,MUMBAI vs. CIT (EXEMPTIONS), MUMBAI, MUMBAI
What did the Tribunal hold?
The Tribunal found merit in the assessee's submissions regarding the technical difficulties. Therefore, the matter was restored to the CIT(E) for fresh adjudication.
What were the facts?
The assessee's application for renewal of registration under Section 12AB was rejected by the CIT(E) for non-compliance with a notice. The assessee claimed they could not upload their response due to a technical issue with the Income Tax portal.
What were the issues?
Whether the CIT(E) erred in rejecting the renewal application without providing an adequate opportunity to respond, given the alleged technical issues with the portal.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI
Before: SHRI CHALLA NAGENDRA PRASAD & SHRI MAKARAND VASANT MAHADEOKAR
PER SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER: This appeal is filed by the assessee against the order of the learned Commissioner of Income Tax (Exemptions), Mumbai [“Ld. CIT(E)”], dated 01.03.2026 in denying renewal of registration u/s 12AB of the Act.
Ld. Counsel for the assessee submitted that the Ld. CIT(E) rejected the application in Form No. 10AB seeking renewal of registration u/s 12AB on the ground that the assessee did not comply with the notice dated 30.01.2026. Ld. Counsel for the assessee, referring to page 14 of the paper book, submitted that the notice of hearing was issued by the Ld. CIT(E) requiring the assessee to file its response by 06.03.2026. However, the Ld. CIT(E) passed the order rejecting the application for renewal observing that there was no compliance by the assessee. Ld. Counsel submitted that when the assessee tried to upload the response, it was found that the tab had been closed and a screenshot of the same has also been placed at page 15 of the paper book. Ld. Counsel further, referring to pages 16 to 25 of the paper book, submitted that the assessee approached the Grievance Cell explaining that the Income Tax portal was not allowing the assessee to respond to the notices issued by the Ld. CIT(E) as the tab remained closed. Therefore, Ld. Counsel for the assessee submitted that even before the assessee could respond within the due date, the Ld. CIT(E) passed the order rejecting the application filed by the assessee seeking renewal of registration u/s 12AB of the Act. Therefore, in the interest of justice, Ld. Counsel for the assessee requested that the appeal may be restored to the file of the Ld. CIT(E) for fresh adjudication after providing adequate opportunity of hearing to the assessee.
We have considered the rival submissions, perused the material placed on record and the order of the Ld. CIT(E). We find merit in the submissions of the Ld. Counsel for the assessee. Thus, in the interest of 2 justice, the matter is restored to the file of the Ld. CIT(E) for fresh adjudication of the application seeking renewal of registration u/s 12AB of the Act filed by the assessee after providing adequate opportunity of hearing to the assessee.
In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open court on 14/07/2026
Sd/- Sd/- MAKARAND VASANT MAHADEOKAR CHALLA NAGENDRA PRASAD ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, Dated: 14/07/2026 Prabhat Copy to: BIL - RYERSON TECHNOLOGY STARTUP INCUBATOR FOUNDATION, 18TH FLOOR, P.J. TOWERS, DALAL 1 STREET, FORT, MUMBAI 400001., MUMBAI-400001, MAHARASHTRA CIT (EXEMPTIONS), MUMBAI, ROOM NO. 601, 6TH FLOOR, CUMBALLA HILL MTNL TE BUILDING, PEDDER 2 ROAD, DR. GOPALRAO DESHMUKH MARG, CUMBALLA HILL, MUMBAI, MUMBAI-400026, MAHARASHTRA 3 THE PCIT / CIT, 4 THE D.R., ITAT, MUMBAI BENCH 5 GUARD FILE
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