OM JAI SHREE DHUNIWALE DADAJI PARIWAR,PUNE vs. CIT (EXEMPTION), PUNE
What did the Tribunal hold?
The Tribunal set aside the CIT's order and restored the matter to the CIT's file. The CIT was directed to decide the application afresh after providing a reasonable opportunity of hearing to the assessee.
What were the facts?
The assessee filed an application for registration under section 12AB of the IT Act. The CIT, Exemption, Pune rejected the application due to non-compliance with notices. The notices were sent to an incorrect email address.
What were the issues?
Whether the rejection of the registration application was justified when notices were sent to an incorrect email address. The need to provide a fair opportunity to the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE
Before: SHRI R. K. PANDA & SHRI VINAY BHAMORE
IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND SHRI VINAY BHAMORE, JUDICIAL MEMBER आयकर अपील सं. / ITA No.2629/PUN/2025 Om Jai Shree Dhuniwale Vs. CIT, Exemption, Pune. Dadaji Pariwar, S.No.66, Satav Nagar, Handewadi Road, Behind Saibaba Temple, Hadapsar, Pune- 411028. PAN : AAATO5782B Appellant Respondent Assessee by : Smt. Deepa Khare Revenue by : Shri Amit Bobde Date of hearing : 12.05.2026 Date of pronouncement : 14.05.2026 आदेश / ORDER PER VINAY BHAMORE, JM: This appeal filed by the assessee is directed against the order dated 23.10.2024 passed by Ld. CIT, Exemption, Pune rejecting the application for registration u/s 12AB of the IT Act. 2. There is delay of 314 days in filing of the present appeal. We are satisfied with the reasons mentioned in the application for condonation of delay duly supported by an affidavit that the
2 ITA No.2629/PUN/2025 applicant was prevented by sufficient cause for not filing the appeal within the prescribed time limit. After hearing Ld. DR, we condone the delay of 314 days and proceed to adjudicate the appeal. 3. Facts of the case, in brief, are that the assessee has filed application for registration in Form No.10AB under clause (iii) of section 12A(1)(ac) of the IT Act on 18.06.2024. With a view to verify the genuineness of activities of the assessee and compliance to requirements of any other law for the time being in force by the trust/institution as are material for the purpose of achieving its objects, notices were issued by Ld, CIT, Exemption, Pune through ITBA portal requesting the assessee to upload certain information/clarification. Since the assessee has not complied with the above notices, Ld. CIT, Exemption, Pune rejected the application filed by the assessee. 4. It is the above order against which the assessee is in appeal before this Tribunal. 5. We have heard Ld. Counsels from both the sides and perused the material available on record. In this regard, we find that all the notices were sent on 32@gamil.com, which does not belong to the
3 ITA No.2629/PUN/2025 assessee. Therefore, it was the sole contention and prayer of Ld. Counsel of the assessee that if one last opportunity is provided to the assessee, he is in a position to furnish all the relevant desired information in support of application for registration u/s 12AB of the IT Act before Ld. CIT, Exemption, Pune. 6. Considering the totality of the facts of the case and in the interest of justice and without going into merits of the case, we deem it appropriate to set-aside the order passed by Ld. CIT, Exemption, Pune and restore the matter back to his file with a direction to decide the application for registration afresh and as per fact & law after providing reasonable opportunity of hearing to the assessee. The assessee is also hereby directed to respond to the notices issued by Ld. CIT, Exemption, Pune in this regard and to produce relevant documents/evidences, if any, in support of application for registration u/s 12AB of the IT Act without taking any adjournment under any pretext, otherwise Ld. CIT, Exemption, Pune shall be at liberty to pass appropriate order as per law. Thus, the grounds raised by the assessee are allowed for statistical purposes.
4 ITA No.2629/PUN/2025 7. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on this 14th day of May, 2026. Sd/- Sd/- (R. K. PANDA) (VINAY BHAMORE) VICE PRESIDENT JUDICIAL MEMBER पुणे / Pune; �दनांक / Dated : 14th May, 2026. Sujeet/DOC Digitally signed by Sujeet Kumar Sujeet Kumar Sharma Sharma Date: 2026.05.14 आदेश क� �ितिलिप अ�ेिषत / Copy of the Order forwarded to : 16:58:30 +05'30' अपीलाथ� / The Appellant. 1. ��यथ� / The Respondent. 2. 3. The CIT, Exemption, Pune. 4. The Pr. CIT/CIT concerned. िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, “B” ब�च, 5. पुणे / DR, ITAT, “B” Bench, Pune. गाड� फ़ाइल / Guard File. 6. आदेशानुसार / BY ORDER, // True Copy // Assistant Registrar आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.
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