RAJPUTANA SHAURYA FOUNDATION,LUCKNOW vs. COMMISSIONER OF INCOME TAX (EXEMPTIONS), LUCKNOW
What did the Tribunal hold?
The tribunal set aside the order of the CIT (Exemptions) and restored the matter to his file. The CIT was directed to consider the application afresh after providing a proper and sufficient opportunity of being heard to the assessee.
What were the facts?
The assessee trust applied for registration under Section 12AA of the Income Tax Act. The CIT (Exemptions) rejected the application as the assessee failed to appear and provide required documents on the hearing date. The tribunal noted that the assessee was not given a proper and sufficient opportunity.
What were the issues?
Whether the assessee was provided with a proper and sufficient opportunity by the CIT (Exemptions) before rejecting the application for registration under Section 12AA.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, LUCKNOW BENCH “B”, LUCKNOW
Before: SHRI A.D JAIN & SHRI T.S. KAPOOR
PER: A.D. JAIN, VICE PRESIDENT:
This is an appeal filed by the assessee against the order dated 20/02/2018 passed by ld. CIT (Exemptions) rejecting the registration u/s 12AA of the I.T. Act.
The facts of the case, in brief, are that the assessee trust applied for registration u/s 12A(a) of the Act with CIT (Exemptions) vide application dated 26/09/2017. The ld. CIT (Exemptions) issued a letter dated 22/01/2018 to the assessee calling for specific queries regarding
2 the application for registration u/s 12A for compliance on 20/02/2018. However, none appeared on 20/02/2018 nor any adjournment application was filed, therefore, ld. CIT (Exemptions) rejected the application of the assessee
for registration u/s 12A(a) of the Act on the ground that sufficient material
required for formation of satisfaction has not been produced.
Heard. From the order of learned CIT (Exemptions), it is apparent
that the ld. CIT (Exemptions) had issued only one letter dated
22/01/2018 calling for certain queries, documents/clarifications. The assessee could not file books of account and vouchers and the CIT
(Exemptions) passed the order and rejected the application of the assessee for registration u/s 12A of the Act. In these facts, we feel that one more opportunity should be given to the assessee to explain its case
before the ld. CIT (Exemptions). We are of the view from the facts of the case that the assessee has not been given proper and sufficient
opportunity before disposing of the application of registration by the ld.
CIT (Exemptions). We, therefore, in the interest of justice, set aside the order of the ld. CIT (Exemptions) and restore the matter to his file with the direction to consider the application of the assessee for registration
u/s 12A afresh after giving proper and sufficient opportunity of being
heard to the assessee. The assessee is also directed to be present on 3 the date of hearing and provide the material / clarification as asked for by the ld. CIT (Exemptions).
In the result, the appeal of the assessee stands allowed for statistical purposes.
(Order pronounced in the open court on 22/02/2019) (T.S. Kapoor) Vice President Aks – Dtd. 22/02/2019 Copy of order forwarded to: (1) The appellant (2) The respondent (3) Commissioner (4) CIT(A) (5) Departmental Representative (6) Guard File By order
More judgments on Section 12AA
- Yashaswi Academy for Skills, Pune vs PCIT (Central), PuneITA 2448/PUN/2026[NA]Status: Disposed13 Oct 2026
- Yashaswi Academy for Skills, Pune vs PCIT (Central), PuneITA 2447/PUN/2026[NA]Status: Disposed13 Oct 2026
- Sri Jawahar Education Trust, Chamarajanagar vs The Income Tax Officer Ward 1…ITA 1735/BANG/2026[2016-17]Status: Disposed5 Oct 2026AY 2016-17
- Punjab Urban Planning and Development… vs Income Tax Officer, Ward 6(1), MohaliITA 636/CHANDI/2024[2021-22]Status: Disposed1 Oct 2026AY 2021-22
- Punjab Urban Planning and Development… vs Deputy Commissioner of Income Tax, Circle…ITA 635/CHANDI/2024[2017-18]Status: Disposed1 Oct 2026AY 2017-18
Recent GST High Court judgments
Search GST case law →- M/S Rentex Polymers Private Limited vs. Assistant Commissioner Of Central Goods And Services TaxDelhi · 29 Oct 2026
- M/S Maa Shila Traders vs. The State Of BiharPatna · 29 Oct 2026
- M/S Ashish Enterprises vs. Assistant Commissioner Gsto Ward No. 86Delhi · 29 Oct 2026
- M/S. Bhanwal Trading And Company vs. The Union Of INDIARajasthan · 28 Oct 2026
- M/S. Saraswati Enterprises vs. State Of RajasthanRajasthan · 28 Oct 2026