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HEMOPHILIA FEDERATION - NASHIK CHAPTER,NASHIK vs. THE COMMISSIONER OF INCOME TAX (EXEMPTION), PUNE, PUNE

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ITA 871/PUN/2025[2025-26]Status: DisposedITAT Pune24 July 20253 pages

आयकर अपीलीय अधिकरण "A" न्यायपीठ पुणे में ।
IN THE INCOME TAX APPELLATE TRIBUNAL "A" BENCH,
PUNE
BEFORE SHRI MANISH BORAD, ACCOUNTANT MEMBER
AND MS. ASTHA CHANDRA, JUDICIAL MEMBER

आयकर अपील सं. / ITA No.871/PUN/2025
धििाारण वर्ा / Assessment Year: 2025-26

Hemophilia Federation-
Nashik Chapter, Niramay
Nursing Home, Adwait
Colony, Canada Corner,
Nashik-422009
Appellant/Assessee

Respondent/Revenue

Assessee by None
Revenue by Shri Amol Khairnar CIT-DR
Date of hearing
24/07/2025
Date of Pronouncement
28/07/2025

आदेश / ORDER
PER DR. MANISH BORAD, ACCOUNTANT MEMBER:

The captioned appeal at the instance of assessee is directed against the order of Ld. CIT(E), Pune dated
24.09.2024 framed under second proviso to section 80G(5) r.w.s. Rule 11AA (8) of the Income Tax Rules.

2.

Registry has informed that there is a delay of 119 days . Application for condonation of delay alongwith affidavit mentioning a reasonable cause for the said delay stands filed. Both sides heard. Considering the contents of the affidavit and also taking a justice oriented approach in the light of the judgement of Hon'ble Apex Court in the case of Collector, Land

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(Supreme Court) The Hon’ble Apex Court and in the case of Inder Singh Vs State of Madhya Pradesh judgement dated
21.03.2025 (2025) INSC 382), we hereby condone the delay of 119 days and admit the appeal for adjudication.

3.

At the outset Ld. Counsel for the assessee submitted that the assessee filed application for approval u/s 80G(5) of the Act on Form No. 10AB dated 31.03.2024. Admitedly assessee failed to furnish the explanation to the discrepancies communicated by Ld. CIT(E). Request made for providing one more opportunity. Ld. Departmental Representative (DR) raised no objection.

4.

We have heard rival contentions and perused the record placed before us. Considering the contentions made by the Ld. Counsel for the assessee and observing that assessee failed to furnish requisite details called for by Ld. CIT(E), we in the larger interest of justice and being fair to both the parties hereby direct Ld. CIT(E) to re-examine the assessee’s application for approval u/s 80G(5) of the Act alongwith the issues raised in the instant appeal. Needless to mention that proper opportunity of hearing shall be granted to the assessee. Assessee is also directed to remain vigilant and not to take unnecessary adjournment unless otherwise required for reasonable cause. Effective grounds of appeal raised by the assessee are allowed for statistical purposes.

5.

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

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Order pronounced on this 28th day of July, 2025. (ASTHA CHANDRA) (MANISH BORAD)
JUDICIAL MEMBER ACCOUNTANT MEMBER

पुणे / Pune; ददिांक / Dated: 28th July, 2025. Neeta

आदेश की प्रधिधलधप अग्रेधर्ि / Copy of the Order forwarded to:
1. अपीलार्थी / The Appellant.
2. प्रत्यर्थी / The Respondent.
3. The Pr. CIT concerned.
4. धवभागीय प्रधिधिधि, आयकर अपीलीय अधिकरण, "ए" बेंच,
पुणे / DR, ITAT, "A" Bench, Pune.
5. गार्ा फाइल / Guard File.

आदेशािुसार / BY ORDER,

वररष्ठ धिजी सधचव / Sr. Private Secretary
आयकर अपीलीय अधिकरण, पुणे / ITAT, Pune

HEMOPHILIA FEDERATION - NASHIK CHAPTER,NASHIK vs THE COMMISSIONER OF INCOME TAX (EXEMPTION), PUNE, PUNE | BharatTax