SANT KANWARRAM SEWA TRUST,GANDHINAGAR vs. THE CIT(EXEMPTION), AHMEDABAD

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ITA 132/AHD/2025Status: HeardITAT Ahmedabad20 March 2025Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)1 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal found that the assessee had now filed all relevant materials and, in the interest of natural justice, set aside the matter back to the CIT(E) to grant one final opportunity of hearing.

What were the facts?

The Assessee Trust filed an appeal against the order of the CIT(Exemption) denying registration under Section 80G of the Income Tax Act, 1961. The CIT(E) had denied registration as the assessee failed to furnish necessary documents despite multiple opportunities.

What were the issues?

Whether the CIT(E) erred in denying registration under Section 80G without giving adequate opportunity to the assessee, and if the Tribunal should grant a further opportunity.

Which sections of the Income-tax Act were involved?

Section 80G

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AHMEDABAD “C” BENCH

Before: DR. BRR Kumar & Shri T. R. Senthil Kumar

Sant Kanwarram Sewa CIT (Exemption), Trust Ahmedabad 15, Mahalaxmi Bunglows, Vs Opp. Mother Dairy, Bhat, Gandhinagar Gujarat-382428 PAN: AAZTS1227J (Appellant) (Respondent) Assessee Represented: Shri Prashant Pandit, A.R. Revenue Represented: Shri A P Singh, CIT-DR Date of hearing : 17-03-2025 Date of pronouncement : 20-03-2025 आदेश/ORDER PER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER:-

This appeal is filed by the Assessee Trust as against the order passed by the Commissioner of Income Tax (Exemption), Ahmedabad denying registration under section 80G of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’).

2.

The Ld. CIT(E) vide impugned order dated 21-11-2024 denied registration u/s. 80G of the Act in spite of opportunities given to the Page No 2 Sant Kanwarram Sewa Trust vs. CIT(E) assessee. The assessee failed to furnish necessary documents therefore cancelled the provisional registration granted to the Trust.

3.

The Ld. Counsel appearing for the assessee submitted that relevant documents as requested by Ld. CIT(E) in his hearing notices are filed before this Tribunal and therefore requested one more opportunity of hearing be given to the Trust, so that the same be filed before Ld. CIT(E) for granting registration u/s. 80G of the Act.

4.

We perused the impugned order passed by the Ld. CIT(E) who has given two opportunities on 05-10-2024 and 08-11-2024, since the assessee failed to comply the above notices and for not producing documents, registration u/s. 80G was denied. Since the assessee now filed before us all the relevant materials for registration, therefore in the interest of Principle of Natural Justice, we deem it fit to set aside the matter back to the file of Ld. CIT(E) with a direction to give one more opportunity of hearing to the assessee for registration u/s. 80G of the Act. Needless to say, the assessee should make use of this final opportunity of hearing and produce all relevant details before Ld. CIT(E) for granting registration in the manner known to law.

5.

In the result, the appeal filed by the Assessee is allowed for statistical purpose.

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