R A PODAR COLLEGE OF COMMERCE & ECONOMICS ALUMNI ASSOCIATION,MUMBAI vs. CIT (EXEMPTION), MUMBAI

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ITA 694/MUM/2021Status: DisposedITAT Mumbai15 December 2021AY 2021-223 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal and decided to grant the assessee another opportunity to present their case before the CIT(E). The CIT(E) is to decide the application afresh after providing a reasonable opportunity of hearing.

What were the facts?

The assessee's application for registration under Section 12AA was rejected by the CIT(E) for failing to furnish information. The assessee claimed they never received the show-cause notice from the CIT(E).

What were the issues?

Whether the rejection of registration under Section 12AA was justified when the assessee claimed non-receipt of the show-cause notice, and if a fresh opportunity should be granted.

Which sections of the Income-tax Act were involved?

Section 12AA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “D”, MUMBAI

Hearing: 15/12/2021Pronounced: 15/12/2021

ORDER This appeal by the assessee is directed against the order of Commissioner of Income Tax (Exemption), Mumbai [hereinafter referred to as ‘the CIT(E)’] dated 26.02.2021 whereby the application of assessee for grant of registration under section 12AA of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) was rejected.

1.

आअसं.694/मुं/2021(िन.व.2021-22) (A.Y.2021-22) 2. Sh. Anil Sathe appearing on behalf of the assessee submitted at the outset that the appeal is time barred by two days. The ld. Authorized Representative (AR) submitted that there was miscommunication in mentioning the date of the order and the last date for filing of appeal, therefore, delay of two days occurred in filing of the appeal before the Tribunal. No serious objection was raised from the side of Revenue against condonation of delay. After having heard the ld. AR on the issue of delay, we are satisfied that the delay in filing of appeal is unintentional and for the bonafide reasons. The delay in filing of appeal is condoned and the appeal is admitted to be heard on merits.

3.

The ld. AR submitted that the assessee is a charitable trust engaged in imparting education. The assessee had filed application before the CIT(E) for grant of registration under section 12AA of the Act. The said application of assessee was rejected by the CIT(E) for the reasons that the assessee has failed to furnish reply to the query raised by the CIT(E). The ld. AR pointed that a show- cause notice dated 09.02.2021 was issued by the CIT(E) seeking some additional information. The said notice was never received by the assessee, hence, the assessee was not aware about the queries raised by the CIT(E). The assessee is having all the relevant information and can furnish the same, if an opportunity is granted to furnish the same with supporting documents.

4.

Both sides heard, impugned order examined. The CIT(E) vide show cause letter dated 09.02.2021 had sought some information from the assessee. Ostensibly, the said communication from the CIT(E) was not served on the assessee. No second attempt was made by the CIT(E) to seek the information from the assessee.

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