Facts
The assessee, Ram Kripa Charitable Trust, had its applications for registration under section 12A and 80G rejected by the CIT(E) due to incomplete documentation. The assessee's representative cited a dengue illness of a trust executive as the reason for the delay in providing the required documents.
Held
The Tribunal noted that the assessee was not provided with adequate opportunity to present its case fully. In the interest of natural justice, the Tribunal decided to set aside the impugned orders and directed the CIT(E) to reconsider the applications afresh after the assessee furnishes all required information and documents.
Key Issues
Whether the rejection of the assessee's applications for registration under Section 12A and 80G was justified due to non-submission of complete documents, and if a further opportunity should be granted.
Sections Cited
12A, 80G, 12A(1)(ac)(vi), 80G(5)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “D” BENCH, MUMBAI
Before: SHRI PRASHANT MAHARISHI & SHRI SANDEEP SINGH KARHAIL
The present appeals have been filed by the assessee challenging the separate impugned orders of even date 28/09/2023, passed under section 12A and section 80G of the Income Tax Act, 1961 (“the Act”) by the learned Commissioner of Income Tax (Exemp.), Mumbai, [“learned CIT(E)”].
The only grievance of the assessee in these appeals is against the rejection of its applications made in Form 10AB for the grant of registration under section 12A and section 80G of the Act.
Ram Kripa Charitable Trust ITA no.3710/Mum./2023 ITA no.3712/Mum./2023
The brief facts of the case are: The assessee is a registered trust. The assessee was granted provisional registration under section 12A(1)(ac)(vi) and section 80G(5) of the Act vide separate orders dated 20/12/2022 and 21/12/2022, respectively, in Form No.10AC. Subsequently, the assessee filed Form No.10AB seeking registrations under section 12A and section 80G of the Act. Vide impugned orders, assessee’s aforesaid applications in Form 10AB were rejected by the learned CIT(E).
From the perusal of the impugned orders, we find that the learned CIT(E) noted that the applications filed by the assessee are not complete and all the documents required to accompany the application are not furnished. Accordingly, the learned CIT(E) issued notice through ITBA portal requesting the assessee to furnish the complete set of documents mentioned in Rule 17A(2). The learned CIT(E) granted another opportunity to the assessee to make necessary compliance and furnish the information/documents as sought. In response thereto, the assessee filed its partial submission and requested a further adjournment, which was granted by the learned CIT(E). However, the assessee did not file the complete details as sought. In the absence of complete submission/documents from the assessee, the learned CIT(E) proceeded to pass the impugned orders rejecting the applications made by the assessee in Form 10AB for seeking registration under section 12A and section 80G of the Act.
During the hearing, the learned Authorised Representative (“learned AR”) furnished the copy of the affidavit sworn by the trustee of the assessee,
Ram Kripa Charitable Trust ITA no.3710/Mum./2023 ITA no.3712/Mum./2023 wherein it was submitted that the requisite details could not be filed before the learned CIT(E), as the executive of the trust was suffering from dengue. In this regard, the learned AR also furnished the medical report of the aforesaid executive of the assessee trust.
Having heard the submissions of both sides and perused the material available on record, we are of the considered view that in the interest of natural justice, the assessee should be provided with one more opportunity to present its case before the learned CIT(E). The assessee is directed to file all the information/documents as may be required by the learned CIT(E). Accordingly, we set aside the impugned orders and direct the learned CIT(E) to de novo consider the applications of the assessee trust as per law. As a result, grounds raised by the assessee, in both appeals, are allowed for statistical purposes.
In the result, both appeals by the assessee are allowed for statistical purposes. Order pronounced in the open Court on 31/01/2024