Loading judgment…
Facts
The assessee, a Public Charitable Trust, sought renewal of exemption under section 80G(5)(iii) of the Income Tax Act. The CIT(E) rejected the application, citing non-compliance and the assessee's failure to file submissions or seek an adjournment.
Held
The Tribunal held that the interest of justice would be served by remanding the matter to the CIT(E) for fresh consideration. The CIT(E) is to pass an order taking into account the submissions filed by the assessee.
Key Issues
Whether the CIT(E) rightly rejected the renewal application without considering the assessee's submissions, and if the matter should be remanded for reconsideration.
Sections Cited
80G(5)(iii), 2(15)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH, AHMEDABAD
Before: DR.BRR KUMAR & SHRI SIDDHARTHA NAUTIYAL
,1908, & 1898/Ahd/2024 Asst.Year –NA - 2– O R D E R PER: DR. BRR KUMAR, VICE PRESIDENT:
These appeals have been filed by the different Assessee’s against the separate orders passed by the Ld. Commissioner of Income Tax (Exemption), Ahmedabad, vide order dated 03.09.2024. Since the issue involved in all the three appeal are common, we extract the grounds of appeal raised in for AY NA for the purpose of adjudication.
2. The Assessee has taken the following grounds of appeal:-
1. CIT(Exemption) Ahmedabad erred in law and on facts in renewal application for approval under section 80G(5)(iii) of the Income Tax Act, 1961 on ground of non- compliance.
2. The appellant says and submit that provisional approval u/s.80G (5) of the Act was granted to the Trust on 06.04.2022 to AY 2024-25. In response to filed renewal application in Form 10AB Online, a questionnaire dated 06.07.2024 was issued by the office of CIT (Exemption). The appellant sought adjournment. Again notice dated 09.08.2024 was issued fixing date was issued fixing the date 21.08.2024 requiring certain information. The appellant submitted all the required information vide letter dated 21.08.2024. The learned CIT (Exemption) has without considering the submission filed on 21.08.2024, rejected the application for renewal of Exemption U/s.80G(5)(iii) of the IT Act on ground of non compliance vide order dated dated 03.09.2024.
3. The facts of the case are that the assessee is a Public Charitable Trust and the activities of the trust are charitable within the meaning of section 2(15) of the I.T Act. Notices were issued from time to time requesting to furnish details/documents. The Ld. CIT(E) rejected the application of the assessee on the grounds that the assessee neither filed any submission nor sought any adjournment. ,1908, & 1898/Ahd/2024 Asst.Year –NA - 3–
4. Aggrieved by the order of the Ld. CIT(E), the Assessee filed appeal before the Tribunal.
5. At the outset, the Ld. Counsel for the assessee submitted that the Ld.CIT(E) has rejected the application for renewal of Exemption u/s. 80G of the IT Act of the assessee without considering the submissions which have already been filed on 21.08.2024. Therefore, prayed that given an opportunity, the same would be apprised to the Ld.CIT(E). Ld. CIT(DR) argued that the assessee needs to furnish the proof of filing the submissions before the Ld. CIT(E). Rebutting the arguments of the Ld. DR, the Counsel for the assessee has produced the acknowledgement copy of the submissions made before the Ld. CIT(E). Having considered the facts on record, we hold that interests of justice would be well served by remanding the matter to the Ld. CIT(E) for consideration of the application afresh and to pass an order by taking into consideration the submissions filed by the assessee.