LITTLE SCHOLAR PRATHMIK VIDHYALAYA SHIKSHA SANSTHAN,KASHIPUR vs. ITO, DEHRADUN
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeal and restored the matter to the CIT(E) for fresh adjudication. The assessee was given an opportunity to furnish evidence and be heard.
What were the facts?
The assessee, a charitable trust, applied for permanent registration under Section 12A(1)(ac)(iii) of the Income Tax Act. The CIT(E) rejected the application due to incomplete information and non-compliance by the assessee.
What were the issues?
Whether the CIT(E) was justified in rejecting the application for permanent registration without providing a proper opportunity to the assessee to furnish complete information.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DEHRADUN BENCH, NEW DELHI
O R D E R PER M. BALAGANESH, A. M.: 1. The appeal in AY 2014-15, arises out of the order of the Commissioner of Income Tax (Exemption), Lucknow [hereinafter referred to as ‘ld. CIT(E)’, in short] dated 29.02.2024.
At the outset, we find that the appeal preferred by the assessee before us is delayed by 56 days. Considering the reason adduced in the condonation petition, we are inclined to condone the delay in the interest of substantial justice and admit the appeal for adjudication.
None appeared on behalf of the assessee despite issuance of notice. Hence we proceed to dispose of this appeal on hearing the Learned DR and based on materials available on record. We find that assessee is a charitable trust enjoying provisional registration under section 12AB of the Act. The assessee made an application on 3.8.2023 seeking permanent registration in terms of section 12A(1)(ac)(iii) of the Act in Form 10AB. The Learned CIT(E) sought for various details from time to time, which were only partially complied with by the assessee. Most of the times, the assessee only sought adjournments before the Learned CIT(E). Accordingly, the Learned CIT(E) for want of necessary information proceeded to reject the application seeking permanent registration of the assessee trust. It is a fact that the order rejecting the registration application of the assessee was passed by the Learned CIT(E) exparte. We find that the assessee along with the appeal set had enclosed the reply letter dated 13.12.2023 filed before the Learned CIT(E) containing various documentary evidences. Hence in the interest of justice and fair play, we deem it fit and appropriate to restore this appeal to the file of Learned CIT(E) for denovo adjudication in accordance with law. The assessee is given liberty to furnish fresh evidences, if any, in support of its contentions. Needless to mention that the assessee be given reasonable opportunity of being heard. Accordingly, the grounds raised by the assessee are allowed for statistical purposes.
In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open court on 18/03/2025.
More judgments on Section 12A(1)(ac)(iii)
- Desire Foundation, Jaipur vs Income Tax Officer, JaipurITA 1646/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Sevasetu Foundation, Vadodara vs Commissioner of Income Tax (Exemption)…ITA 3149/AHD/2026[NA]Status: Disposed19 Oct 2026
- Sevasetu Foundation, Vadodara vs Commissioner of Income Tax (Exemption)…ITA 3148/AHD/2026[NA]Status: Disposed19 Oct 2026
- Sanskardham Nandan, Mehsana vs CIT(Exemption), AhmedabadITA 2980/AHD/2026[2025-26]Status: Disposed16 Oct 2026AY 2025-26
- D vs Welfare Foundation, Thanevs.Income Tax…ITA 6191/MUM/2026[2025-26]Status: Disposed12 Oct 2026AY 2025-26
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