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Facts
The assessee applied for registration under Section 12AB. The CIT(E) rejected the application as the assessee failed to provide required documents and explanations despite multiple notices. The assessee's earlier AR faced a personal tragedy, hindering their ability to respond.
Held
The Tribunal held that the assessee should have been given a final and reasonable opportunity to comply, considering the genuine personal tragedy faced by the AR and the principles of natural justice.
Key Issues
Whether the CIT(E) erred in rejecting the registration application without affording a final reasonable opportunity to the assessee, especially given the personal circumstances of the authorized representative?
Sections Cited
12A(1)(ac)(iii), 12AB
AI-generated summary — verify with the full judgment below
Order PER LALIET KUMAR, J.M: This appeal is preferred by the assessee against the order dated 28.11.2024 passed by the Ld. CIT (Exemptions), Chandigarh whereby the application of the assessee seeking registration under section 12A(1)(ac)(iii) of the Income Tax Act, 1961 was rejected.
At the outset, the Registry has pointed out a delay of 03 days in filing the appeals. After considering the condonation application and finding sufficient cause demonstrated therein, we condone the delay and admit the appeal for adjudication.
The assessee had filed an application in Form No. 10AB on 26.06.2024 seeking registration under section 12AB. During the proceedings before the CIT(E), multiple notices were issued on 10.10.2024, 07.11.2024, and 19.11.2024 seeking detailed clarifications and documentary evidences to verify the genuineness of the activities and compliance with the objects of the trust.
The Ld. CIT(E) noted that the assessee failed to file the requisite responses to the notices issued and therefore concluded that the assessee