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Facts
The assessee's application for registration under section 12A(1)(ac)(iii) was rejected for failure to file requisite documents. The assessee appealed this rejection, acknowledging a delay which was condoned.
Held
The Tribunal, keeping in mind the principle of natural justice, set aside the impugned order and restored the matter to the CIT(E) for re-consideration. The assessee was granted another opportunity for hearing to substantiate its application.
Key Issues
Whether the assessee should be granted another opportunity to present documents and be heard, given the rejection of its registration application.
Sections Cited
12A(1)(ac)(iii), 10AB
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH, CHENNAI
Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI MANU KUMAR GIRI, JM
O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aggrieved by rejection of an application filed in Form No.10AB seeking registration u/s 12A(1)(ac)(iii) vide impugned order dated 19.09.2024 of Ld. CIT(Exemption), the assessee is in further appeal before us. The registry has noted delay of 20 days which stands condoned.
Upon perusal of para-4.2 of the impugned order, it could be seen that the assessee failed to file the requisite documents as called for by approving authority. Accordingly, the application was rejected against which the assessee is in further appeal before us. The Ld. AR has prayed for another opportunity of hearing before approving authority. It has been stated that the assessee is in a position to substantiate its application.
Keeping in mind the principle of natural justice, we deem it fit to grant another opportunity of hearing to the assessee. Accordingly, the impugned order is set aside and the matter of registration stand restored back to the file of Ld. CIT(E) for re-consideration after affording another opportunity of hearing to the assessee. The assessee is directed to substantiate its application.
The appeal stand allowed for statistical purposes.
Order pronounced court on 27th February, 2025.