Facts
The assessee, Paarijat Religious Charitable Trust, filed appeals against the denial of registration under Section 12AB and 80G(5) of the Income Tax Act by the CIT(E). There was a delay of 142 days in filing these appeals, which the assessee attributed to miscommunication and improper guidance from a former Chartered Accountant.
Held
The Tribunal condoned the delay in filing the appeals, finding the explanation satisfactory. It set aside the ex-parte orders and remanded the matter back to the CIT(E) for a fresh hearing, directing the CIT(E) to provide another opportunity to the assessee for registration under Section 12AB and 80G(5), subject to the assessee paying a cost of Rs. 5,000/-.
Key Issues
Condonation of delay in filing appeals against the denial of registration under Section 12AB and 80G(5) of the Income Tax Act.
Sections Cited
12AB, 80G(5)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH, AHMEDABAD
Before: SHRI T.R. SENTHIL KUMAR & SHRI NARENDRA PRASAD SINHA
आदेश/O R D E R PER T.R. SENTHIL KUMAR, JUDICIAL MEMBER: These two appeals are filed by the assessee as against denial of registration under Section 12AB and 80G(5) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) vide separate orders both dated 22.10.2024 passed by Ld. Commissioner of Income Tax (Exemption), (hereinafter referred to as “Ld. CIT(E)”), Ahmedabad.
The Registry has noted that there is a delay of 142 days in filing the above appeals by the assessee. The assessee by way of a Notarized Affidavit explained that the delay is due to miscommunications and improper guidance by the former Chartered Accountant on account of his health and other &1152/Ahd/2025 A.Ys. N.A. 2 issues. Later at the time of audited period in the month of May 2025, the assessee trust came to the knowledge of the rejection orders passed by Ld. CIT(E). Thereafter, the assessee trust appointed new Chartered Accountant to file the above appeals. Thus, the delay in filing the appeal is neither willful nor want on but for the reasons stated above and requested to condone the delay and the assessee trust is undertake to file all necessary details / documents before Ld. CIT(E) to consider their application for registration under Section 12AB and 80G(5) of the Act.
Ld. CIT-DR appearing for the Revenue has no serious objection in condoning the delay and setting-aside the matter back to the file of CIT(E), however, for the non-response to various notices cost may be imposed on the assessee.
We have considered rival submissions and perused the material available on record and the documents filed in support of the registration under Section 12AB and 80G(5) of the Act. We are satisfied with the explanation offered by the assessee for the delay in filing the above appeals, thus, the delay of 142 days in appeals is hereby condoned. However, to meet the ends of Justice, to set-aside the ex-parte orders we may deem fit it to impose a cost of Rs. 5,000/- payable by the assessee to the Income Tax Department. On payment of the cost of Rs. 5,000/- and production of challan, Ld. CIT(E) is directed to give one more opportunity of hearing to the assessee for registration under Section 12AB and 80G(5) of the Act and pass orders in accordance with law. Needless to say, &1152/Ahd/2025 A.Ys. N.A. 3 that the assessee should make use of this final opportunity given to it and furnish all necessary details before Ld. CIT(E) for registration.
In the result, the appeals filed by the Assessee are allowed for statistical purposes. Order pronounced in the Court on 30.06.2025 at Ahmedabad.
Sd/- Sd/- (NARENDRA P. SINHA) (T.R. SENTHIL KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad, dated 30/06/2025 TRUE COPY Tanmay, Sr. P.S. आदेश की �ितिलिप अ�ेिषत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant 2. ��थ� / The Respondent. संबंिधत आयकर आयु� / Concerned CIT 3. 4. आयकर आयु� अपील / The CIT(A)- ( ) िवभागीय �ितिनिध आयकर अपीलीय अिधकरण राजोकट/DR,ITAT, Ahmedabad, 5. , , 6. गाड� फाईल / Guard file. आदेशानुसार/ BY ORDER,