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Facts
The assessee's applications for final/regular registration under sections 12A(1)(ac)(iii) and 80G(5) of the Income Tax Act were rejected ex-parte by the CIT(E). The assessee's Authorized Representative was unable to furnish requested details in time as they were suffering from Dengue, leading to the dismissal of the applications by the CIT(E) without further opportunity.
Held
The Tribunal found that the non-furnishing of details was not intentional and set aside the ex-parte orders of the CIT(E). The matter was remanded back to the CIT(E) with a direction to provide the assessee with a proper opportunity to present its case and furnish the necessary documents, deciding the applications afresh within 90 days.
Key Issues
Whether the CIT(E) erred in rejecting the assessee's registration applications ex-parte without providing adequate opportunity to furnish details when the Authorized Representative was incapacitated by illness.
Sections Cited
12A(1)(ac)(iii), 80G(5)
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Income Tax Appellate Tribunal, SURAT BENCH, SURAT
Before: Shri Sanjay Garg & Shri Bijayananda Pruseth
Per Sanjay Garg, Judicial Member:
The captioned appeals have been preferred by the Assessee against the separate orders of the Learned Commissioner of Income Tax (Exemption), Ahmedabad [hereinafter referred to as “Ld.CIT(E)