WORLD LIFE FOUDATION,CHENNAI vs. CIT-E,XEMPTIONS, CHENNAI

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ITA 766/CHNY/2024Status: DisposedITAT Chennai25 June 2024Bench: SHRI ABY T. VARKEY (Judicial Member), SHRI MANOJ KUMAR AGGARWAL (Accountant Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the CIT(E)'s order and restored the application, granting the assessee one more opportunity to submit the required documents. The CIT(E) was directed to decide the application on merits after providing a proper opportunity.

What were the facts?

The assessee foundation's application for registration under Section 12A(1)(ac)(iii) was rejected by the CIT(E) for non-compliance with notices. The assessee claimed non-receipt of notices due to technical glitches and requested another opportunity.

What were the issues?

Whether the rejection of the registration application for non-compliance with notices was justified, and if the assessee should be granted another opportunity to comply.

Which sections of the Income-tax Act were involved?

Section 12A(1)(ac)(iii),Section 12AB

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH: CHENNAI

Before: SHRI ABY T. VARKEY & SHRI MANOJ KUMAR AGGARWAL

Hearing: 22.05.2024Pronounced: 25.06.2024

आदेश / O R D E R

PER ABY T. VARKEY, JM: This is an appeal preferred by the assessee foundation against the order of the Learned Commissioner of Income Tax (Exemptions)/NFAC, (hereinafter in short "the Ld.CIT(E)”), Chennai, dated 25.01.2024 against the action of the Ld.CIT(E) rejecting the application filed online on 28.08.2023 in Form No.10AB u/s.12A(1)(ac)(iii) of the Income Tax Act, 1961 (hereinafter in short "the Act”). (AY -) World Life Foundation :: 2 ::

2.

The Ld.CIT(E) while processing the aforesaid application directed the assessee to file the “objects of the Trust/Institution”, so that he could verify as to whether the assessee is a charitable organization or not ? And he also directed the assessee to prove the genuineness of its activities, and asked the assessee to file documents as prescribed under Rule 17A of the Income Tax Rules, 1962 (hereinafter in short ‘the Rules’) including Note on activities and Annual Accounts/Financial Statements of the Institution. However, according to the Ld.CIT(E) despite issuing notice on two occasions i.e. on 21.12.2023 & 09.01.2024 and even after giving final opportunity on 18.01.2024, he found no response from assessee. So, he rejected the application filed by assessee for non-compliance to his aforesaid directions. Before us, the assessee pleads that non-compliance to Ld.CIT(E)’s notice was not deliberate, but the reasons for non- compliance was, because, the assessee didn’t get the copy of the notices may be due to glitches in the internet/computer or served to wrong email id supra; and pleaded for one more opportunity before the Ld.CIT(E) and the Ld.AR undertakes to file all the requisite documents as required under Rule 17A and other documents called for by the Ld.CIT(E). In the light of the undertaking given before us, we are inclined to give one more opportunity to the assessee-foundation, and set aside the impugned order of the Ld.CIT(E) and restore the application filed by the assessee for registration u/s.12AB of the Act and direct the assessee to file all relevant (AY -) World Life Foundation :: 3 ::

1.

documents called for by the Ld.CIT(E) (as stated in the impugned order of the Ld.CIT(E)); and the Ld.CIT(E) to decide the application of assessee on merits after giving proper opportunity to assessee and in accordance to law.

3.

In the result, appeal filed by the assessee is allowed for statistical purposes.

Order pronounced on the 25th day of June, 2024, in Chennai.

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