Facts
The assessee filed an application in Form 10AB for registration under Section 80G of the Income Tax Act. The CIT(E) issued a notice for compliance, but the assessee failed to respond, leading to the rejection of the application in limine.
Held
The Tribunal observed that the application was dismissed in limine due to non-compliance. However, it held that the assessee should be given an opportunity to present its case. Thus, the appeal was restored to the CIT(E) for fresh adjudication, with a direction for the assessee to cooperate.
Key Issues
Whether the CIT(E) was justified in rejecting the assessee's application for registration under Section 80G in limine without providing an adequate opportunity of being heard, despite non-compliance with notices.
Sections Cited
80G
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH: KOLKATA
Before: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]
ORDER / आदेश Per Pradip Kumar Choubey, JM: This is the appeal preferred by the assessee against the order of Commissioner of Income Tax (Exemption)- Kolkata (hereinafter referred to as the Ld. CIT(A)] dated 09.12.2024 for AY 2024-25.
Brief facts of the case of the assessee is that the assessee filed an application in form 10AB for registration under clause (iii) of Section proviso to Sub-section 5 of Assessment Year: 2024-25 Asian Institute of Public Policy and development Studies, Kolkata Section 80G of the Act. A notice was issued to the assessee for proper compliance but the assessee failed to make any compliance before the Ld. CIT(E ) as a result of which the Ld. CIT(E ) has rejected the application of the assessee in limine.
Being aggrieved and dissatisfied the present appeal has been filed by the assessee.
The Ld. AR challenges the very impugned order thereby submitting that no opportunity has been given to the assessee to place its case as the order passed by the Ld. CIT(E ) in limine. His prayer is that the assessee has to be given an opportunity to place its case before the Ld. CIT(E ).
The Ld. D.R did not raise any objection.
Upon hearing the submission of the counsel of the respective parties, we have perused the order of Ld. CIT(E ) and find that the when the application has been filed by the assessee in form 10AB, notice has been issued to the assessee for production of documents for verification but there was no reply nor any compliance as a result of which the application has been dismissed in limine. Keeping in view, the order passed by the Ld. CIT(E ) and submission made by the assessee, we are inclined to restore the appeal of the assessee before the Ld. CIT(E ) for fresh adjudication. The assessee is directed to co-operate in the proceedings.
In the result, the appeal filed by the assessee is allowed for statistical purposes.
Order is pronounced in the open court on 22nd May, 2025
Sd/- Sd/- (Rajesh Kumar/राजेश कुमार) (Pradip Kumar Choubey /�द�प कुमार चौबे) Accountant Member/लेखा सद�य Judicial Member/�या�यक सद�य Dated: 22nd May, 2025 SM, Sr. PS Copy of the order forwarded to: 1. Appellant- Asian Institute of Public Policy and Development Studies, Kolkata, 128/1, Satyen Roy Road, Kolkata - 700034 2. Respondent – CIT(Exemption), Kolkata 3. Ld. PCIT- , Kolkata 4. DR, Kolkata Benches, Kolkata (sent through e-mail)