SANVEGVARDHAK KUNTHUNATH SHWETAMBAR MURTIPUJAK JAIN TAPA FOUNDATION,AURANGABAD vs. CIT EXEMPTION, PUNE

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ITA 993/PUN/2025Status: DisposedITAT Pune05 June 2025Bench: DR.MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)1 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal, noting that the assessee was not represented and considering the possibility of notices through the ITBA portal going unnoticed, decided to give one more opportunity to the assessee. The impugned order was set aside, and the issues were restored to the file of the CIT(E) for fresh adjudication.

What were the facts?

The assessee's appeal was directed against the order of the CIT(Exemption) denying regular registration under Section 12A(1)(ac) of the Act. The assessee failed to comply with the requirements and furnish details called for by the CIT(E). No one appeared on behalf of the assessee during the hearing.

What were the issues?

Whether the assessee was denied a fair opportunity for registration due to non-compliance or issues with notice delivery, and if a fresh opportunity should be granted.

Which sections of the Income-tax Act were involved?

Section 12A,Section 12A(1)(ac)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCHES “B”, PUNE

Before: DR.MANISH BORAD & SHRI VINAY BHAMORE

For Respondent: Shri Rakesh Ranjan
Hearing: 04.06.2025Pronounced: 05.06.2025

आदेश / ORDER

PER DR. MANISH BORAD, ACCOUNTANT MEMBER :

1.

The captioned appeal at the instance of assessee is directed against the order dated 19.02.2025 framed by ld.CIT(Exemption), Pune denying grant of regular registration u/s.12A(1)(ac) of the Act.

2.

When the case was called for, none appeared on behalf of the assessee despite due service of notice of hearing. We however on perusal of the impugned order find that grievance of the assessee is that ld.CIT(E) has dismissed the application for regular registration/s.12A of the Act because assessee failed to make compliance to the necessary requirement and furnish the details as called for by ld.CIT(E) from time to time. Considering the fact that very few opportunities was granted to the assessee and taking into consideration the change in system of giving notices through ITBA portal which sometimes goes unnoticed by the Assessee/Tax Consultant, we in the interest of justice deem it proper to to give one more opportunity to the assessee restoring the issues raised on merit to the file of ld.CIT(E) for afresh adjudication. Needless to say that ld.CIT(E) shall provide reasonable opportunity of hearing to the assessee and pass a speaking order after considering the submissions of the assessee. Assessee is directed to provide latest email id and contact detail to the department for receiving the notices from ITBA portal. Assessee is also directed to remain vigilant and not to take adjournment unless otherwise required for reasonable cause. Impugned order is set aside and the effective grounds of appeal raised by the assessee are allowed for statistical purposes.

3.

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

Order pronounced on this 05th day of June, 2025.

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