ARISE AND SERVE TRUST,CHENNAI vs. CIT, EXEMPTIONS,, CHENNAI
Facts
The assessee trust filed an application in Form No.10AB for registration under section 12AB of the Income Tax Act. The application was rejected by the approving authority because the assessee failed to submit required documents. The assessee appealed this rejection.
Held
The Tribunal, considering the principles of natural justice, accepted the assessee's request for another opportunity. The impugned order was set aside, and the matter was restored to the CIT(E) with a direction to allow the assessee to submit the necessary documents.
Key Issues
Whether the rejection of the application for registration under section 12AB was justified without providing sufficient opportunity to submit documents. Whether the assessee should be given another chance to furnish the required information.
Sections Cited
12AB, 12A(1)(ac)(iii)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, CHENNAI
Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI MANU KUMAR GIRI, JM
आयकर अपीलीय अिधकरण “बी” �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, CHENNAI माननीय �ी मनोज कुमार अ�वाल ,लेखा सद# एवं माननीय �ी मनु कुमार िग'र, �ाियक सद# के सम(। BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI, JM आयकरअपील सं./ ITA No.2525/Chny/2024 Arise and Serve Trust CIT(Exemption), बनाम 2B-Flat C, 2nd Cross Street, Chennai. / Vs. Chennai-600 041. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AAGTA-4536-K (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : Shri R. Kannan (Advocate)- Ld.AR � थ�कीओरसे/Respondent by : Ms. R. Kavitha (Add.CIT) - Ld. Sr. DR सुनवाई की तारीख/Date of Hearing : 18-12-2024 घोषणा की तारीख /Date of Pronouncement : 31-12-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)
Aggrieved by rejection of an application filed in Form No.10AB on 25.03.2024 for seeking registration under section 12AB of the Act vide impugned order dated 12.09.2024, the assessee is in further appeal before us. 2. From the record, it emerges that the assessee trust filed an application in Form No.10AB on 25.03.2024 seeking registration under section 12A(1)(ac)(iii) of the Act. Upon perusal of para-4 of order, it could be seen that the application has been rejected in view of the fact that the assessee did not file the requisite documents / information as called for
by approving authority, Aggrieved, the assessee is in further appeal before us. The Ld. AR has prayed for another opportunity of hearing which has been opposed by Ld. Sr. DR. 3. Keeping in mind the principles of natural justice, we accept the prayer of Ld. AR. Accordingly, the impugned order is set aside and the appeal stand restore back to the file of Ld. CIT(E) with a direction to the assessee to file requisite documents / information in support of application as called therein. 4. The appeal stand allowed for statistical purposes. Order pronounced on 31st December, 2024
Sd/- Sd/- (MANU KUMAR GIRI) (MANOJ KUMAR AGGARWAL) �ाियक सद# / JUDICIAL MEMBER लेखा सद# / ACCOUNTANT MEMBER चे4ई Chennai; िदनांक Dated : 31-12-2024 DS आदेशकी>ितिलिपअ�ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. � थ�/Respondent 3. आयकरआयु=/CIT Chennai. 4. िवभागीय�ितिनिध/DR 5. गाडBफाईल/GF
