MADHAVA SMARAKA SEVA SAMITHI,NIZAMABAD vs. ITO (EXEMPTIONS), WARD- 1(1), HYDERABAD

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ITA 97/HYD/2025Status: DisposedITAT Hyderabad29 April 2025AY 2024-255 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that the learned CIT(E) rejected the application filed by the assessee-trust for registration under Section 80G of the Act on the ground of a wrong section being quoted, without considering the details filed by the assessee. The Tribunal observed that the CIT(E) appeared to have considered an incorrect application (Form-10A for Section 12A) instead of the Form-10AB filed for Section 80G registration. The Tribunal found the order of the CIT(E) to be lackadaisical and passed in a casual manner, without considering the details filed by the assessee or whether it was a charitable trust eligible for registration. Therefore, the Tribunal was of the considered view that the assessee trust needed one more opportunity of hearing before the learned CIT(E). The Tribunal set aside the order of the learned CIT(E) and restored the matter to his file with a direction to re-decide the issue afresh after providing an adequate opportunity of being heard to the assessee. The grounds raised by the assessee were allowed for statistical purposes.

What were the facts?

The assessee, Madhava Smaraka Seva Samithi, filed an e-application in Form-10AB seeking registration under Section 80G of the Income Tax Act, 1961. The Income Tax Officer (Exemption) issued a notice calling for evidence. The assessee submitted details. However, the ITO(E) rejected the application, holding that the assessee had selected the wrong section code in its application. The assessee argued this was a clerical error and requested another opportunity. The revenue supported the ITO(E)'s order, stating the wrong section was quoted and the assessee failed to respond to the notice. The ITAT noted the ITO(E) rejected the application without considering the details filed and appeared to have considered an incorrect application (Form-10A for Section 12A registration) instead of Form-10AB for Section 80G registration.

What were the issues?

1. Whether the rejection of the assessee's application for registration under Section 80G of the Income Tax Act, 1961, by the learned CIT(E) solely on the ground of mentioning the wrong section code in the application was justified? Assessee's Contention: The assessee argued that mentioning the wrong section code was a clerical error and pleaded for one more opportunity to substantiate its case before the learned CIT(E) in the interest of justice. Revenue's Contention: The revenue supported the order of the learned CIT(E), submitting that the assessee had made the application by quoting the wrong section, and therefore, the rejection was correct. The revenue further contended that the assessee failed to respond to the notice issued, leaving the CIT(E) with no option but to dismiss the application.

Which sections of the Income-tax Act were involved?

Section 80G,Section 12A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD “B” BENCH: HYDERABAD

Before: SHRI MANJUNATHA GAND

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD “B” BENCH: HYDERABAD BEFORE SHRI MANJUNATHA G, ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER ITA.No.97/Hyd./2025 [U/sec.80G of the Income Tax Act, 1961] Madhava Smaraka Seva The Income Tax Officer, Samithi, Nizamabad Exemption, Ward-1(1), vs. PIN – 503 001. Telangana. Hyderabad-500 004. PAN AAATM5751C Telangana. (Appellant) (Respondent) For Assessee : Shri AV Raghuram, Advocate For Revenue : MS. M. Narmada, CIT-DR Date of Hearing : 29.04.2025 Date of Pronouncement : 29.04.2025 ORDER PER MANJUNATHA G. :

This appeal has been filed by the Assessee-Trust against the order dated 08.11.2024 of the learned CIT(E) in rejecting the application for registration of the assessee- trust u/sec.80G of the Income Tax Act, 1961 [in short “the Act”].

2 ITA.No.97/Hyd./2025 2. Briefly stated facts of the case are that, the assessee-trust has filed e-application in Form-10AB seeking for registration u/sec.80G of the Act. The learned CIT(E) issued notice dated 10.06.2024 on 20.08.2024 and called the assessee trust to furnish relevant evidences in support of it’s application. In response, the assessee has submitted details. The learned CIT(E) after considering relevant details filed by the assessee trust, rejected the application filed in Form-10AB by holding that the appellant trust has filed it’s application in Form-10AB by selecting wrong section code.

3.

Shri A.V. Raghuram, Learned Counsel for the Assessee, submitted that, the learned CIT(E) had simply rejected the application for registration of the assessee-trust on the ground of mentioning of wrong section. He submitted that, it is a clerical error while making the application and, therefore, he pleaded that assessee trust may be provided with one more opportunity to substantiate it’s case in the interest of justice.

4.

MS. M. Narmada, learned CIT-DR, on the other hand, supporting the order of learned CIT(E) submitted 3 ITA.No.97/Hyd./2025 that, the assessee-trust has made the application for registration by quoting wrong section and, therefore, the learned CIT(E) has rightly rejected the application for registration u/sec.80G of the Act. She further submitted that, although, notice has been issued to the assessee-trust, the assessee-trust failed to respond to the same. Therefore, the learned CIT(E) in absence of any rectification of the mistake in the application form filed by the assessee trust for registration, had no option, except to dismiss the same in accordance with the Income Tax Act. She, accordingly, submitted that the order of the learned CIT(E) be confirmed.

5.

We have heard both the parties, perused the material on record and the orders of the authorities below. We find that, admittedly, the assessee trust has made an application by quoting a wrong section for registration and according to the assessee, it is a clerical error and pleaded that one more opportunity may be allowed before the learned CIT(E). We observe that, the learned CIT(E) had rejected the application filed by the assessee-trust for registration u/sec.80G of the Act on the ground that no 4 ITA.No.97/Hyd./2025 substantial charitable activities were carried out by the assessee trust, without considering the details filed by the assessee trust. Further, the learned CIT(E) has considered incorrect application filed by the assessee in Form-10A for getting provisional registration u/sec.12A of the Act ignoring the Form 10AB filed by the assessee trust. From the perusal of the order of the learned CIT(E), we find that, the learned CIT(A) has rejected the application filed by the assessee trust without giving any reasons for his decision, except stating that the assessee-trust has filed application for registration by quoting wrong section. Further, the learned CIT(E) has order a lackadaisical order while considering the application filed by the assessee in Form-10AB for provisional registration of the trust u/sec.80G(5) of the Act, even though the assessee trust has filed application in Form10AB for permanent registration. From the order passed by the learned CIT(E), we find that the learned CIT(E) dismissed the application filed by the assessee in a casual manner without considering the details filed by the assessee trust and also ignoring whether the appellant is a 5 ITA.No.97/Hyd./2025 charitable trust eligible for registration u/sec.80G of the Act. Therefore, we are of the considered view that, the appellant trust needs one more opportunity of hearing before the learned CIT(E) to explain it’s case. Thus, we set aside the order of the learned CIT(E) and restore the matter in issue back to his file with a direction to re-decide the issue afresh, after providing an adequate opportunity of being heard to the assessee. Accordingly, the grounds raised by the assessee are allowed for statistical purposes.

6.

In the result, appeal of the assessee is allowed for statistical purposes.

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