Facts
The assessee filed appeals against the orders of the CIT(E) denying registration under Section 12AA and approval under Section 80G. The assessee had previously applied for registration under Section 12A, which was denied due to defects. A fresh application was filed, but the CIT(E) found similar defects and again denied registration and approval.
Held
The Tribunal noted that multiple opportunities were given to the assessee to present their case, but none appeared, leading to an ex-parte decision. The Tribunal found no justifiable reason to interfere with the CIT(E)'s orders as no factual position was placed before it to rebut the denial.
Key Issues
Whether the denial of registration under Section 12AA and approval under Section 80G by the CIT(E) was justified, especially when the assessee failed to appear before the Tribunal.
Sections Cited
12AA, 12A, 80G(5)(vi)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “H” DELHI
Before: SHRI SAKTIJIT DEY & SHRI PRADIP KUMAR KEDIA
Both the connected appeals of the assessee were listed for hearing before the Tribunal against the respective orders of the CIT(E) Chandigarh.
It is noticed from the case records that multiple opportunities were given to the assessee to pursue the appeal and support its claim before the Tribunal however none appeared. Consequently, we are constraint to proceed ex-parte. 5. On perusal of the order under Section 12AA of the Act passed by the CIT(E), it is noted that the assessee filed an application in the prescribed form seeking registration under Section 12A of the Act. As per the application, the Trust has been in operation since 01.10.2014. The CIT(E) noted in the order that the applicant moved similar application earlier also seeking registration under Section 12A which was denied for the reasons noted in paragraph 2 of the impugned order. The assessee however did not challenge the action of the CIT(E) before the Tribunal but presented another application for registration claiming that defects in the previous documentation have been removed. The CIT(E) however observed that many of the defects which resulted in denial of exemption qua the application persists in the present application as well. The CIT(E) thus by a reasoned order continued with the previous action of denial of exemption and rejected the registration. For the similarity of reason, the registration for deduction under Section 80G was also denied. 6. In the absence of any factual position placed before the Tribunal to rebut the assertions made by the CIT(E) while denying the registration under Section 12AA and Section 80G of the Act, we see no justifiable reason to interfere with impugned orders
I.T.A. No.407 & 408/Del/2020 3 passed under Section 12AA and 80G of the Act. Consequently, both the appeals are dismissed ex-parte. In the result, the appeal of the assessee is dismissed in 7. limine. Order pronounced in the open Court on 10/01/2024