MUKTAGIRI MUKTAGAN SOCIAL FOUNDATION ,SATARA vs. CIT EXEMPTION, PUNE
What did the Tribunal hold?
The tribunal found that the assessee had indeed filed the required details on 19.11.2024, but the CIT(E) failed to consider them before passing the rejection orders on 22.11.2024. Consequently, the tribunal set aside the CIT(E)'s orders and remanded the matters back to the CIT(E) for de novo adjudication, directing them to provide an opportunity of being heard to the assessee.
What were the facts?
The assessee, Muktagiri Muktagan Social Foundation, applied for registration under Section 12A and Section 80G of the Income Tax Act, 1961. The CIT(E) rejected both applications citing non-submission of details, leading the assessee to appeal before the ITAT.
What were the issues?
Whether the CIT(E) was justified in rejecting the applications for Section 12A and Section 80G registration without considering the documents submitted by the assessee.
Which sections of the Income-tax Act were involved?
Section 12A,Section 12A(1)(ac)(vi),Section 80G,Section 80G(5)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCHES “A” :: PUNE
Before: DR.DIPAK P. RIPOTE & SHRI VINAY BHAMORE
ORDER PER DR. DIPAK P. RIPOTE, AM: These two appeals filed by the assessee are directed against the separate orders of ld.Commissioner of Income Tax(Exemption), Pune rejecting the application for grant of registration 12A and u/s.80G of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) respectively. For the sake of convenience, these two appeals Findings and Analysis : 2. We have heard both the parties and perused the records. The appeal in is against the order under section 12A(1)(ac)(vi) of the Income Tax Act, 1961 dated 22.11.2024. In this order, ld.CIT(E) has rejected assessee’s application for granting registration under section 12A of the Act on account of non- submission of details. Ld.AR of the assessee invited our attention to the e-Proceedings Response Acknowledgement dated 19.11.2024 and submitted that the details were filed on 19.11.2024, however, ld.CIT(E) has not considered the documents filed on 19.11.2024. Thus, it is noted that at the time of passing the order i.e. 22.11.2024, the Assessee’s submission was on record, however, ld.CIT(E) erred in not considering the same. In these facts and circumstances of the case, we set-aside the order of the ld.CIT(E) to ld.CIT(E) for denovo adjudication. The ld.CIT(E) shall provide opportunity of being heard to the assessee. Assessee shall file all the necessary & 2667/PUN/2024 [A] documents before the ld.CIT(E). Accordingly, grounds of appeal raised by the assessee are allowed for statistical purpose.
In the result, appeal of the assessee is allowed for statistical purpose.
This is an appeal against the order under section 80G(5) of the Act, dated 22.11.2024. Ld.CIT(E) has rejected assessee’s application for registration under section 80G(5) of the Act, only on ground that details were not filed. It is observed that assessee had filed details on 19.11.2024. In these facts and circumstances of the case, we set-aside the order of the ld.CIT(E) to ld.CIT(E) for denovo adjudication. The ld.CIT(E) shall provide opportunity of being heard to the assessee. Assessee shall file all the necessary documents before the ld.CIT(E). Accordingly, grounds of appeal raised by the assessee are allowed for statistical purpose.
In the result, appeal of the assessee is allowed for statistical purpose.
ITA Nos.2666 & 2667/PUN/2024 [A]
To sum up, both appeals of the assessee are allowed for statistical purpose. Order pronounced in the open Court on 24th March, 2025.
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