Facts
The assessee's (Shree Siddhivinayak Ganpati Devasthan Sanstha) application for regular approval under Section 80G(5) of the Income Tax Act, 1961, was rejected by the CIT (Exemption) on 06.12.2024 for not furnishing requisite details and explanation. The assessee filed an appeal against this rejection.
Held
The Income Tax Appellate Tribunal observed that the CIT(E) provided insufficient time for the assessee to respond. In the interest of natural justice, the Tribunal set aside the CIT(E)'s order and remitted the matter back for fresh adjudication, instructing the CIT(E) to provide the assessee with adequate opportunity of hearing. The appeal was allowed for statistical purposes.
Key Issues
Whether the CIT (Exemption) was justified in rejecting the assessee's application for 80G(5) approval without providing sufficient opportunity for the assessee to furnish the required details and explanation.
Sections Cited
80G(5), 80G(5)(iii)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, B BENCH, PUNE
Before: Dr. MANISH BORAD & SHRI VINAY BHAMORE
Assessee by : None Revenue by : Shri Ajay Kumar Keshari-CIT Date of hearing : 28.04.2025 Date of pronouncement : 06.05.2025 आदेश/ORDER
PER DR. MANISH BORAD, ACCOUNTANT MEMBER :
1. This appeal at the instance of the assessee is directed against the order of CIT, (Exemption), Pune dated 06.12.2024 framed u/s 80G(5)(iii) of the Income Tax Act, 1961.
When the case was called for none appeared on behalf of the assessee even though a valid notice of hearing has been issued with the assistance of Ld. DR. We on perusal of records notice that the assessee’s application for regular approval u/s 80G(5) of the Act was rejected on account of not furnishing the requisite details and explanation by the assessee.
We have heard Ld. DR and perused the record placed before us. The assessee’s application on Form No. 10AB for regular approval u/s 80G(5) of the Act filed on 17.06.2024 has been dismissed for want of requisite details and explanation. Considering the facts and circumstances of the case and little time given by Ld. CIT(E) to the assessee for giving necessary reply we in the interest of natural justice deem it appropriate to afford one more opportunity to the assessee and therefore remit the issue of regular approval u/s 80G(5) of the Act back to the file of Ld. CIT(E) for necessary adjudication after affording sufficient opportunity of hearing to the assessee. Assessee is also directed to remain vigilant and not to take unnecessary adjournment unless otherwise required for reasonable cause. Impugned order is set aside and 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 on this 06th day of May, 2025.