SAASBOOMI FOUNDATION,CHENNAI vs. COMMISSIONER OF INCOME TAX (EXEMPTION), CHENNAI

This appeal filed by the assessee is directed against the order dated 09.12.2024 passed by the ld. Commissioner of Income Tax (Exemption), Chennai under section 12A(1)(ac)(iii) of the Income Tax Act, 1961 [“Act” in short].

We note that the assessee filed online application on 07.06.2024 in Form 10AB seeking registration under section 12AB of the Act. The ld. CIT(E), while processing the application, asked the assessee to show- cause as to why its application should not be rejected on account of reasons mentioned in para 3 of the impugned order. For having no such details, the ld. CIT(E) rejected the application of the assessee.

The ld. AR Shri K. Senguttuvan, Advocate drew our attention to the reply dated 25.11.2024 along with enclosures against the notice issued by the ld. CIT(E), which was duly acknowledged by the office of the ld. CIT(E) on the same day, and submits that the assessee has uploaded the detailed explanation along with enclosures in response to the notice dated 15.11.2024, but, however, not considered by the ld. CIT(E) while processing Form 10AB under section 12A(1)(ac)(iii) of the Act. He prayed to remand the matter to the file of the ld. CIT(E) for fresh consideration.

The ld. DR Shri A. Sasikumar, CIT drew our attention to para 3.3 of the impugned order and argued that the ld. CIT(E) clearly held that no details were submitted by the assessee in response to the notices issued and argued that the ld. CIT(E) rightly rejected the application of the assessee as there was no details furnished by the assessee.