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Facts
The assessee filed an application for registration under section 12AB. The CIT, Exemption, Pune rejected the application after issuing notices for clarification, citing non-compliance. The assessee contended that they were not given adequate time to respond to the last notice.
Held
The Tribunal held that the assessee was not provided with a proper opportunity to be heard due to the short timeframe given for compliance. Therefore, the order of the CIT was set aside.
Key Issues
Whether the assessee was granted a reasonable opportunity of being heard before the rejection of their registration application under section 12AB.
Sections Cited
12AB, 12(1)(ac), 12A(1)(ac)(vi)
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Income Tax Appellate Tribunal, PUNE BENCH “A”, PUNE
Before: SHRI MANISH BORAD & SHRI VINAY BHAMORE
ORDER
PER VINAY BHAMORE, JM:
This appeal filed by the assessee is directed against the order dated 16.02.2024 passed by Ld. CIT, Exemption, Pune rejecting the application for registration u/s 12AB of the IT Act.
Facts of the case, in brief, are that the assessee filed application for registration in Form No.10AB under clause (iii) of section 12(1)(ac) of the IT Act on 29.09.2023. With a view to verify the genuineness of 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 by Ld. CIT, Exemption, Pune through ITBA portal on 29.11.2023 requesting the assessee to upload certain information/clarification. The desired information was furnished by the assessee. On verification of said information, Ld. CIT, Exemption, Pune found certain discrepancies and issued another notice on 01.02.2024 requesting the assessee to furnish further details/information in this regard on or before 08.02.2024. Since the assessee has not complied with the notice dated 01.02.2024, Ld. CIT, Exemption, Pune rejected the application for registration and also cancelled the provisional registration granted on 24.05.2022 u/s 12AB read with section 12A(1)(ac)(vi) of the IT Act. It is this order against which the assessee is in appeal before this Tribunal.
Ld. AR appearing from the side of the assessee submitted before us that Ld. CIT, Exemption, Pune has not provided proper opportunity to the assessee and, therefore, the impugned order of Ld. CIT, Exemption, Pune is not justified. It was submitted that the last notice was issued on 01.02.2024 asking for various information and other details and the compliance was required to be made on or before 08.02.2024. It was submitted that lots of information was already furnished by the assessee and again various information was required through the above notice dated 01.02.2024 and only seven days were provided to the assessee to furnish the desired information. Due to paucity of time, the assessee could not comply with the above notice. Accordingly, it was requested before the Bench to set-aside the impugned order passed by Ld. CIT, Exemption, Pune with a direction to provide at least one more opportunity to furnish the requisite documents/information as desired by Ld. CIT, Exemption, Pune.
Ld. DR appearing from the side of the Revenue relied on the order of Ld. CIT, Exemption, Pune and requested to confirm the same.
We have heard Ld. Counsels from both the sides and perused the material available on record. We find that admittedly the assessee made compliance to the initial notice issued by the Ld. CIT, Exemption, Pune. It is the sole contention of the assessee trust that one more opportunity may kindly be provided to furnish reply before Ld. CIT, Exemption, Pune. In this regard, it was contended before the Bench that due to paucity of time the reply could not be filed by the assessee trust & in such kind of situation, Ld. CIT, Exemption, Pune ought to have provided at-least one more opportunity to the assessee to substantiate his case. Considering the totality of the facts of the case, & also in the interest of justice and without going into merits of the case, we set-aside the order passed by Ld. CIT, Exemption, Pune and remand