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Facts
The assessee filed an application for registration under section 12A(1)(ac)(iii) of the Income Tax Act, 1961. The provisional registration was granted, but the Ld. CIT(E) noted that the application was filed beyond the due date and was not satisfied with the genuineness of the assessee's activities.
Held
The Tribunal, considering the larger interest of justice and the assessee's prayer, restored the issues to the file of the Ld. CIT(E) for fresh adjudication, allowing the admission of the amended/rectified application.
Key Issues
Whether the assessee's application for registration under section 12A(1)(ac)(iii) should be allowed to be re-adjudicated by the Ld. CIT(E) considering the circumstances and the genuineness of its activities?
Sections Cited
12AB, 12A(1)(ac)(iii)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE “B” BENCH : PUNE
Before: DR. MANISH BORAD & SHRI VINAY BHAMORE
Young Doctors League CIT (Exemption), Pune Foundation, 1447/48, vs. Sadashiv Peth, Shri Ganesh Society, Pune, Maharashtra PAN : AABCY 5076 E (Appellant) (Respondent) For Assessee : Smt. Deepa Khare, Advocate For Revenue : Shri Amit Bobde, CIT-DR Date of Hearing : 01.09.2025 Date of Pronouncement : 03.09.2025 ORDER PER DR. MANISH BORAD, AM:
This appeal at the instant of the assessee is directed against the order dated 21.05.2025 of the Ld. Commissioner of Income Tax (Exemption), Pune [“CIT(E)”] framed u/s. 12AB of Income Tax Act, 1961 (“Act”).
At the outset, learned counsel for the assessee prayed for restoring the issues raised in this appeal to the file of Ld.CIT(E) for fresh adjudication referring to the observations of the Ld.CIT(A) in para 9 & 10 of the impugned order. She
2 ITA.No.1601/PUN./2024 (Young Doctors League Foundation) stated that provide one opportunity, the assessee shall file a fresh application and also satisfy the Ld.CIT(E) about the genuineness of the activities.
On the other hand, ld. DR supported the order of Ld.CIT(E).
We have heard rival contentions and perused the material placed before us. The assessee filed an application u/s. 12A(1)(ac)(iii) of the Act in Form No. 10AB on 11/11/2024. The provisional registration was granted on 08/11/2023. The Ld.CIT(E) has observed that the assessee ought to have filed the application on or before 07/05/2024, however, assessee filed the application on 11/11/2024. Further, Ld.CIT(A) is not satisfied with the genuineness of the activities.
We, however, considering the prayer of the learned counsel for the assessee and also in the larger interest of justice, afford one more opportunity to the assessee and restore the issues raised in the instant appeal to the Ld.CIT(E) for a fresh adjudication and also to admit the assessee’s amended/rectified application in Form 10AB filed for getting regulation registration and then decide in accordance with law after providing reasonable opportunity of hearing to the assessee. Assessee is also directed to remain vigilant and not to take adjournments unless otherwise required for reasonable
3 ITA.No.1601/PUN./2024 (Young Doctors League Foundation) cause and furnish all the details in support of grounds of appeal based on which the Ld. CIT(E) shall decide the application in accordance with law by way of passing speaking order. The effective grounds of appeal raised by the assessee are allowed for statistical purposes.
In the result, appeal of the Assessee is allowed for statistical purposes.
Order pronounced in the open Court on 03.09.2025.