SHRI YASHWANT HO JAYWANT HO DE vs. TAN TRUST,SATARAVS.CIT(EXEMPTION), PUNE, PUNE

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ITA 2515/PUN/2025Status: DisposedITAT Pune04 May 20264 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the order of the CIT and restored the matter to his 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 after issuing notices and finding discrepancies in the information provided by the assessee.

What were the issues?

Whether the CIT rightly rejected the application for registration without providing sufficient opportunity to the assessee to furnish complete information.

Which sections of the Income-tax Act were involved?

Section 12AB,Section 12A(1)(ac)

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

For Appellant: Smt. Deepa Khare
For Respondent: Shri Amit Bobde
Hearing: 17.03.2026Pronounced: 04.05.2026

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.2515/PUN/2025 Shri Yashwant Ho Jaywant Vs. CIT, Exemption, Pune. Ho Devstan Trust, Kuroli Sidheshwar, Tal. Khatav, Dist. Satara, Kuroli Khatav- 415527. PAN : AAWTS0875M Appellant Respondent Assessee by : Smt. Deepa Khare Revenue by : Shri Amit Bobde Date of hearing : 17.03.2026 Date of pronouncement : 04.05.2026 आदेश / ORDER PER VINAY BHAMORE, JM: This appeal filed by the assessee is directed against the order dated 17.07.2024 passed by Ld. CIT, Exemption, Pune rejecting the application for registration u/s 12AB of the IT Act. 2. There is delay 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 applicant was prevented by sufficient cause for not filing the

2 ITA No.2515/PUN/2025 appeal within the prescribed time limit. After hearing Ld. DR, we condone the delay 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 15.01.2024. 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, a notice was issued by Ld, CIT, Exemption, Pune through ITBA portal on 26.03.2024 requesting the assessee to upload certain information/clarification. In reply to the said notice, the desired information was furnished by the assessee. On verification of the information furnished by the assessee, Ld. CIT, Exemption, Pune found certain discrepancies, therefore, issued another notice on 12.06.2024 and asked the assessee to furnish various other details. Not being satisfied with the reply of the assessee, 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.

3 ITA No.2515/PUN/2025 5. We have heard Ld. Counsels from both the sides and perused the material available on record including the paper book furnished by the assessee. In this regard, we find that it is the sole request 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 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 and 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,

4 ITA No.2515/PUN/2025 the grounds raised by the assessee are allowed for statistical purposes. 7. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on this 04th day of May, 2026. Sd/- Sd/- (R. K. PANDA) (VINAY BHAMORE) VICE PRESIDENT JUDICIAL MEMBER पुणे / Pune; �दनांक / Dated : 04th May, 2026. Sujeet/DOC Sujeet Kumar Digitally signed by Sujeet Kumar Sharma Sharma Date: 2026.05.05 11:40:36 +05'30' आदेश क� �ितिलिप अ�ेिषत / Copy of the Order forwarded to : 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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