← Back to search

PRECIHOLE FOUNDATION,THANE vs. DCIT EXEMPTION, PUNE, PUNE

PDF
ITA 883/PUN/2025[2024-25]Status: DisposedITAT Pune16 May 20253 pages

IN THE INCOME TAX APPELLATE TRIBUNAL
PUNE BENCHES “B”, PUNE

BEFORE DR.MANISH BORAD, ACCOUNTANT MEMBER
AND SHRI VINAY BHAMORE, JUDICIAL MEMBER

आयकर अपील सं. / ITA Nos.882 and 883/PUN/2025
Precihole Foundation,
524, Bhoomi Industrial Estate,
Pimpalghar Ranjnoli,
Kalyan Bhiwandi Road,
Thane – 421311, Maharashtra
PAN : AANCP0494K
Vs. DCIT (Exemption),
Pune
Appellant

Respondent

आदेश / ORDER

PER DR. MANISH BORAD, ACCOUNTANT MEMBER :

The captioned two appeals at the instance of assessee are against the rejection of applications for regular registration u/s.12AB(1)(ac)(iii) and approval u/s.80G(5) of the Act respectively framed by ld.CIT(E) dated
17.03.2025
and 22.11.2024 respectively.

2.

None appeared on behalf of the assessee despite due service of notice of hearing. With the assistance of Ld. Departmental Representation, we have perused the record and notice that the assessee filed an applications for registration u/s.12A(1)(ac)(iii)/80G(5)(iii) of the Act by filing Form 10AB on 17.03.-2025 and 22.11.2024 respectively. Thereafter, ld.CIT(E) called for various details mentioned in pages 3 to 7 of the impugned order. Though there was partial compliance but thereafter, ld.CIT(E) rejected the applications for registration Appellant by : None Respondent by : Shri B.Y. Chavan Date of hearing : 14.05.2025 Date of pronouncement : 16.05.2025

ITA Nos.882 and 883/PUN/2025
Precihole Foundation

2
u/s.12A of the Act as well as approval u/s.80G(5) stating that the assessee has not furnished any explanation to the discrepancies communicated to it. Therefore, it is presumed that assessee has nothing to say in the matter.

3.

Having heard the ld. Departmental Representative, perusing the record placed before us and considering the facts and circumstances of the case, we deem it appropriate to remit the issue of regular registration u/s.12A of the Act as well as approval u/s.80G(5) of the Act to the file of ld.CIT(E) for denovo adjudication. Needless to say that ld.CIT(E) shall afford reasonable opportunity to the appellant to prove the genuineness of the activities. Assessee can make necessary submissions with regard to the grounds of appeal raised before us. After considering the submissions of the assessee, ld.CIT(E) shall decide the assessee’s applications in accordance with law by passing a speaking order. 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 unnecessary adjournment unless otherwise required for reasonable cause. Impugned orders are set aside and the effective grounds of appeal raised by the assessee in both the appeals are allowed for statistical purposes.

4.

In the result, both the appeals of the appellant are allowed for statistical purposes. Order pronounced on this 16th day of May, 2025. (VINAY BHAMORE) (MANISH BORAD) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; दनांक / Dated : 16th May, 2025. Satish

ITA Nos.882 and 883/PUN/2025
Precihole Foundation

आदेश क ितिलिप अ ेिषत / Copy of the Order forwarded to :

1.

अपीलाथ / The Appellant. 2. यथ / The Respondent. 3. The Pr. CIT concerned. 4. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, “B” बच, पुणे / DR, ITAT, “B” Bench, Pune.

5.

गाड फ़ाइल / Guard File. आदेशानुसार / BY ORDER,

//// Senior Private Secretary

आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.

PRECIHOLE FOUNDATION,THANE vs DCIT EXEMPTION, PUNE, PUNE | BharatTax