NAGNATH MAHADEV,DWARKA vs. CIT(E), AHMEDABAD, AHMEDABAD

The registry has noted that there is a delay of 577 days and 574 days in filing the above appeals by the assessee Trust. The trustee of the assessee filed a Notarized Affidavit explaining that the Trust have entrusted the task as obtaining registrations u/s. 12AB & u/s. 80G of the Act to a Tax Consultant at Dwarka. The said Tax Consultant after making applications have not complied to the hearing notices given by Ld. CIT(E), which has resulted in rejecting registration of the Trust. When one of the Trustee enquired with the Chartered Accountant at Jamnagar, the status of the applications made before Ld. CIT(E), it came to light the rejection order passed by Ld. CIT(E). It is thereafter the appeals were filed with a delay of 577 days and 574 days. The Assessee Trust is not benefitted by late filing of these appeals but however the unawareness of statutory appeals is the reason for the delay and however undertake to file all relevant materials before Ld. CIT(E) by providing one more opportunity of hearing to the assessee Trust.

The Ld. CIT-DR appearing for the Revenue stated that substantial delay in filing the above appeals, hence cost may be imposed on the assessee.

We have given our thoughtful consideration and perused the materials available on record. Ld. Counsel Shri Chetan Agarwal appearing for the Assessee specifically undertook that trust will file all required details, documents before Ld. CIT(E) for the purpose of granting registration u/s. 12AB and u/s. 80G(5) of the Act.

Recording the above submissions of both parties and to meet the ends of justice, we impose a cost of Rs. 5,000/- payable by the assessee Trust to the Income Tax Department within two weeks of receipt of copy of this order and producing challan for payment of cost, Ld. CIT(E) is directed to give one more opportunity of hearing to the assessee Trust for granting registrations u/s. 12AB and u/s. 80G(5) of the Act and in accordance with the provisions of law.

In the result, the appeals filed by the Assessee are allowed for statistical purposes.