GRV TRUST,COIMBATORE vs. CIT, EXEMPTIONS,, CHENNAI

The assessee / applicant filed an application on in Form No.10AB seeking approval u/s 80G(5)(iii) of the Income Tax Act, 1961 (‘Act’ in short) on 26.06.2024. Thereafter, the ld.CIT(E) vide show cause notice dated 14.12.2024 requested the assessee to furnish the ‘Order for Registration u/s 12AB’ of the Act. Though the assessee furnished certain details, but failed to furnish order for Registration u/s.12AB of the Act. Therefore, ld.CIT(E) rejected the application referred supra as not maintainable. Assessee is in further appeal before us.

The learned counsel for the assessee filed order of the co- ordinate Bench Tribunal dated 19.02.2025 [ITA No.3147/Chny/2024] in assessee’s own case wherein the co-ordinate bench has restored the matter to the file of the ld. CIT(E) to reconsider the application for registration u/s 12AB of the Income Tax Act, 1961. The Ld. CIT- DR did not dispute the factum of the order of the co-ordinate Bench Tribunal dated 19.02.2025 [ITA No.3147/Chny/2024] in assessee’s own case.

We have heard rival submissions and perused records. We, in the light of the submissions as narrated in para 3 supra, also restore this matter to the file of CIT(E). We direct the CIT(E) to reconsider the application on merits in the light of the order of the co-ordinate Bench Tribunal dated 19.02.2025 [ITA No.3147/Chny/2024] in assessee’s own case, after providing proper opportunity of hearing to the assessee. The assessee is directed to cooperate and substantiate its case forthwith without any fail, failing which Ld. CIT(E) shall be at liberty to proceed with the disposal of the application as per law. The ld. counsel, who appeared also assured the bench that he will ensure that the assessee will prosecute his case diligently.

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