WADMAVLI LOAK VIKAS MANCH DHIPHAL WAD,BEED vs. C.I.T (EXEMPTION), PUNE, PUNE

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ITA 28/PUN/2025Status: DisposedITAT Pune23 April 2025AY 2025-26Bench: DR.MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)5 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal, in the interest of justice, decided to grant one more opportunity to the appellant to submit the required details for registration, setting aside the CIT(E)'s order.

What were the facts?

The appeal was filed by the appellant against an order denying regular registration u/s.12AB of the Income Tax Act, 1961. The appellant did not appear for the hearing despite due service of notice.

What were the issues?

Whether the appellant should be granted another opportunity to comply with the requirements for registration under Section 12AB, given their failure to appear and provide details.

Which sections of the Income-tax Act were involved?

Section 12AB,Section 12AB(1)(b)(i)

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 Ajay Kumar Keshari
Hearing: 04.03.2025Pronounced: 23.04.2025

आदेश / ORDER

PER DR. MANISH BORAD, ACCOUNTANT MEMBER :

1.

The captioned appeal at the instance of appellant is directed against the order framed by ld. Commissioner of Income Tax (Exemption), Pune dated 16.11.2024 denying grant of regular registration u/s.12AB of the Income Tax Act, 1961 ( in short ‘the Act’).

2.

When the appeal was called for, none appeared on behalf of the appellant despite due service of notice of hearing. We therefore proceed to dispose of the appeal with the able assistance from the ld. Departmental Representative exparte qua the appellant.

3.

We have heard the ld. Departmental Representative and perused the record placed before us. A perusal of the impugned order reveals that appellant has not made compliance and not submitted any details about the nature and genuineness of the activities of the trust, copy of registration certificate etc. which resulted in passing of the exparte order denying grant of regular registration u/s.12AB of the Act. There can be many reasons for non-participation/non-compliance by the assessee which cannot be ruled out. Since the denial of regular registration u/s.12AB in this case is founded upon assessee’s failure to adduce copy of valid registration certificate, and the details as per provisions of section 12AB(1)(b)(i), in the larger interest of justice, we deem it fit to accord one more opportunity to the appellant to make good its failure by adducing/producing the requisite details as called for ld.CITE). Assessee is directed to provide correct email id and contact detail to the department for receiving the notices from ITBA portal. Assessee is further directed to remain vigilant and not to take adjournment unless otherwise required for reasonable cause, failing which the ld.CIT(E) shall be free to proceed in accordance with law. Findings of ld.CIT(E) is set aside and effective grounds of appeal raised by the assessee are allowed for statistical purposes.

4.

In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced on this 23rd day of April, 2025.

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