ROTARY CLUB OF JADAVPUR TRUST ,KOLKATA vs. CIT(E), KOLKATA. , KOLKATA
What did the Tribunal hold?
The Tribunal found that the assessee had a reasonable cause for non-compliance. Therefore, the matter was set aside to the CIT(E) for fresh adjudication after giving the assessee an opportunity to be heard and submit documents.
What were the facts?
The assessee's application for registration under Section 80G(5)(iii) was rejected by the CIT(E) for non-compliance with hearing notices and document submission. The assessee's Secretary was ill and unable to access emails, leading to the non-compliance.
What were the issues?
Whether the CIT(E) was justified in rejecting the 80G registration solely on grounds of non-compliance due to a reasonable cause.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH, KOLKATA
Before: DR. MANISH BORAD, HON’BLE & SHRI SONJOY SARMA, HON’BLE
O R D E R
PER DR. MANISH BORAD, ACCOUNTANT MEMBER :
The present appeal is directed at the instance of the assessee against the order of the Commissioner of Income Tax (Exemption), Kolkata (hereinafter the “ld. CIT(E)”) dt. 28/08/2023, rejecting the Registration under 80G(5)(iii) of the Income Tax Act, 1961 (“the Act”).
At the outset, the ld. Counsel for the assessee submitted that, the sole ground on which the ld. CIT(E) has rejected the grant of registration to the assessee trust, is that the assessee did not comply with the hearing notices fixing the hearings on 08/08/2023 and 22/08/2023 and neither the assessee file the necessary documents as called for by the ld. CIT(E). Before us, the ld. Counsel for the assessee submitted that, the Secretary of the assessee trust, who was entrusted pursue the matter of registration was down with enteric fever and was on complete bed rest on the advise of the attending physician. Therefore, he could not access Assessment Year: 2023-24 Rotary Club of Jadavpur Trust the e-mail on which the notices of hearing were sent resulting to non- compliance. He further stated that, the assessee did not have any malafide intention to evade the proceedings and at this stage can only pray before the Tribunal for restoring the matter to the ld. CIT(A) for fresh adjudication after considering the issue on merits. The ld. D/R though not leaving his grounds, could not controvert this factual position and did not oppose to this contention of the assessee.
We have heard rival contentions and find that the assessee had a reasonable cause for not complying before the ld. CIT(E), which he has explained before this Tribunal. Under these given facts and circumstances, we deem it fit and proper to set aside the issue to the file of the ld. CIT(E) for fresh adjudication, after giving the assessee sufficient opportunity of being heard. The assessee is directed to file all the documents/evidences in support of its claims. The ld. CIT(E) shall pass a speaking order after considering the same.
In the result, appeal of the assessee is allowed for statistical purposes.
More judgments on Section 80G(5)(iii)
- 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
- Shri Hari Har Charitable and Welfare Trust… vs ITO, FaridabadITA 7241/DEL/2025[2026-27]Status: Disposed29 Sept 2026AY 2026-27
- Shree Vallabh Dham Charitable Trust, Delhi vs CIT(Exemption), DelhiITA 2516/DEL/2026[2024-25]Status: Disposed23 Sept 2026AY 2024-25
- Shree Vallabh Dham Charitable Trust, Delhi vs CIT(Exemption), DelhiITA 2515/DEL/2026[2024-25]Status: Disposed23 Sept 2026AY 2024-25
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