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Facts
The assessee filed applications for registration u/s 12A and approval u/s 80G. The CIT(Exemption) rejected these applications after the assessee failed to respond to a show-cause notice regarding discrepancies, citing a mistake by an employee of the trust.
Held
The Tribunal condoned the delay in filing the appeals. Considering the mistake by the employee and to do justice, the Tribunal restored the issue to the CIT(Exemption) for one final opportunity to the assessee to submit details.
Key Issues
Whether the CIT(Exemption) was justified in rejecting the registration and approval applications without considering the assessee's explanation for non-compliance and whether an opportunity should be granted.
Sections Cited
12A, 80G, 12AB, 12A(1)(ac), 12AB(1)(b)(i), 17A(2), 80G(5)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCH “A”, PUNE
Before: SHRI R. K. PANDA & MS. ASTHA CHANDRA
The above two appeals filed by the assessee are directed against the separate orders dated 27.08.2024 of the Ld. CIT(Exemption), Pune rejecting the application for grant of registration u/s 12A and approval u/s 80G of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’). For the sake of convenience, both these appeals were heard together and are being disposed of by this common order.
There is a delay of 120 days in filing of both the appeals before the Tribunal for which the assessee has filed separate condonation applications along with affidavits explaining the reasons for such delay. After considering the contents of the condonation applications filed along with the affidavits and after hearing the Ld. DR, the delay in filing of the appeals is condoned and the appeals are admitted for adjudication.
CIT(Exemption) in rejecting the application for registration u/s 12A of the Act while relates to the order of the CIT(Exemption) in denying the approval u/s 80G of the Act.
Facts of the case, in brief, are that the assessee filed an application in Form No.10AB on 09.03.2024 for registration of the trust under clause (iii) of section 12A(1)(ac) of the Act. With a view to verify the genuineness of the activities of the assessee and compliance to requirements of any other law for the time being in force by the trust / institution as are material for the purpose of achieving its objects, a notice was issued through ITBA portal on 10.05.2024 requesting the assessee to upload certain information / clarification. The assessee was also requested to submit the compliance by 27.05.2024. On verification of the details submitted by the assessee, the Ld. CIT(E) noted various discrepancies for which another notice was issued to the assessee asking the assessee to explain on account of those discrepancies. Since the assessee did not comply to the said notice, the assessee was specifically informed that in the event of failure to comply by the due date, the application shall be liable to be rejected and the registration shall also be liable to be cancelled. However, the assessee did not make any submission. The Ld. CIT(E) therefore, rejected the application for grant of registration u/s 12A of the Act by observing as under:
“5. The assessee was requested to show cause as to why the application should not be rejected and why the registration granted under section 12AB of the Income Tax Act, 1961 should not be cancelled. The assessee was also given opportunity of being heard vide the said notice. The assessee was specifically informed that in the event of failure to comply by the due date, the application shall be liable to be rejected and the registration shall also be liable to be cancelled. The compliance to the said notice was due on 13/08/2024. The notice was duly served on the assessee through e-portal and email. However, the assessee neither submitted explanation to the show cause notice till date nor availed the opportunity of being heard.
6. Since, the assessee has not furnished any explanation to the discrepancies communicated to it, it is presumed that the assessee has nothing to say in the matter.
Considering the above facts discussed in the show notice and discrepancies noticed and also that the assessee has not complied with the provisions of section 12AB(1)(b)(i) of the Income Tax Act, 1961 as well as the provisions of Rule 17A(2) of Income Tax Rules, 1962 in spite giving sufficient opportunities, the undersigned is unable to draw any satisfactory conclusion about the genuineness of activities of the assessee and compliance of requirements of any other law for the time being in force by the assessee as are material for the purpose of achieving its objects.
8. In view of the above, the application filed by the assessee is hereby rejected and the provisional registration granted on 10/03/2022 under section 12AB read with section 12A(1)(ac) (vi) of the Income Tax Act, 1961 is hereby cancelled.”
Since he rejected the grant of registration u/s 12A of the Act and cancelled the provisional registration granted earlier, he refused to grant approval u/s 80G of the Act.
Aggrieved with such order of CIT(Exemption), the assessee is in appeal before the Tribunal by raising the following grounds:
The learned CIT (Exemption), Pune has erred in rejecting application for registration/renewal filed by Assessee by passing order under clause (iii) of section 12A(1)(ac) r.w.s. 12AB of the Income Tax Act, 1961 dated 27th August 2024.
2. Without considering facts and circumstances of the case and the law, the ld. CIT Exemption has erred in rejecting assessee's application for registration/renewal.
3. The order of rejection has been passed without considering submission and explanation filed by the assessee and thus suffers from infirmity. 4. The Order passed by the CIT Exemption, Pune rejecting the assessee's application is not in keeping with provisions of law, is bad in law and thus the same needs to be set aside. 5. The ld CIT Exemption erred in law and on facts in cancelling the provisional registration granted to assessee without following the due process of law and without affording opportunity of hearing to the appellant. 6. The ld. CIT Exemption erred in law and on facts in cancelling the provisional registration granted to assessee in absence of any dissatisfaction about genuineness of activities of the appellant. 7. The Assessee prays for any other relief may be allowed to the Assessee under provisions of income tax law. 8. The assessee craves leave to add, alter, amend, modify, delete any of the grounds of appeal.
7. Similar grounds have been raised in which read as under: 1. The learned CIT (Exemption), Pune has erred in rejecting application for registration/renewal filed by Assessee under Clause (iii) of first proviso to section 80G(5) of the Income Tax Act, 1961 by passing order dated 27 August 2024 2. Without considering the facts and circumstances of the case and the law, the ld. CIT Exemption has erred in rejecting assessee's application for registration/renewal
The order of rejection has been passed without considering submission and explanation filed by the assessee and thus suffers from infirmity.
4. The Order passed by the CIT Exemption, Pune rejecting assessee's application is not in keeping with provisions of law, is bad in law and thus the same needs to be set aside 5. The ld. CIT Exemption erred in law and on facts in cancelling the provisional registration granted dated 10/03/2022 without following the due process of law and without affording opportunity of hearing to the appellant. 6. The ld. CIT Exemption erred in law and on facts in cancelling the provisional registration granted on 10/03/2022 in absence of any dissatisfaction about genuineness of activities of the appellant. 7 The Assessee prays for any other relief may be allowed to the Assessee under provisions of income tax law. 8. The assessee craves leave to add, alter, amend, modify, delete any of the grounds of appeal.
The Ld. Counsel for the assessee submitted that the assessee in response to the first notice has filed the various details. However, the assessee could not respond to the second notice issued by the CIT(Exemption) on account of the mistake on the part of the employee of the trust. He accordingly submitted that in the interest of justice, the assessee should be given an opportunity to substantiate its case by filing the requisite details before the Ld. CIT(E).
The Ld. DR on the other hand strongly opposed the submissions made by the Ld. Counsel for the assessee.
We have heard the rival arguments made by both the sides, perused the order of the Ld. CIT(E) and the paper book filed on behalf of the assessee. It is an admitted fact that the assessee did not respond to the second notice issued by the Ld. CIT(Exemption) in which he has asked for certain details on account of certain discrepancies found from the submissions made by the assessee earlier for which he rejected the application filed by the assessee for grant of registration u/s 12A of the Act and also cancelled the provisional registration granted earlier u/s 12AB. Since the application for grant of registration u/s 12A of the Act was rejected and the provisional registration granted earlier was cancelled, he rejected the application for approval u/s 80G of the Act. It is the submission of the Ld. Counsel for the assessee that due to the mistake on the part of the employee of the trust in not communicating the notice, the assessee could not respond to the second notice. It is also his submission that given an opportunity, the assessee is in a position to substantiate its case by filing the requisite details before the Ld. CIT(E) to his satisfaction. Considering the totality of the facts of the case and in the interest of justice, we deem it proper to restore the issue to the file of the Ld. CIT(Exemption) with a direction to grant one final opportunity to the assessee to substantiate its case by filing the requisite details to his satisfaction and decide the issue as per fact and law. The assessee is also hereby directed to submit the details as called for by the Ld. CIT(E) on the appointed date without seeking any adjournment under any pretext, failing which the Ld. CIT(Exemption) is at liberty to pass appropriate order as per law. We hold and direct accordingly. The grounds raised by the assessee are accordingly allowed for statistical purposes.
In the result, both the appeals filed by the assessee are allowed for statistical purposes.
Order pronounced in the open Court on 12th June, 2025.
Sd/- Sd/- (ASHTA CHANDRA) (R. K. PANDA) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; दिन ांक Dated : 12th June, 2025 GCVSR आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to: 1. अपीलार्थी / The Appellant; 2. प्रत्यर्थी / The Respondent 3. The concerned Pr.CIT, Pune 4. DR, ITAT, ‘A’ Bench, Pune 5. गार्ड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अधिकरण ,पुणे / ITAT, Pune
S.No. Details Date Initials Designation 1 Draft dictated on 11.06.2025 Sr. PS/PS 2 Draft placed before author 11.06.2025 Sr. PS/PS Draft proposed & placed before the 3 JM/AM Second Member Draft discussed/approved by Second 4 AM/AM Member 5 Approved Draft comes to the Sr. PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr. PS/PS 7 Date of uploading of Order Sr. PS/PS 8 File sent to Bench Clerk Sr. PS/PS Date on which the file goes to the Head 9 Clerk 10 Date on which file goes to the A.R. 11 Date of Dispatch of order