MITPUNE TEHCHNOLOGY BUSINESS INCUBATOR,PUNE vs. COMMISSIONER OF INCOME TAX. EXEMPTION PUNE, PUNE

ORDER

PER VINAY BHAMORE, JM:

1. On the facts and the circumstances of the case and in law, Learned Assessing Officer erred in passing order for rejection of application made u/s 12A(1) (ac) of the IT Act without giving an opportunity of hearing, your appellant prays for such opportunity by setting aside the matter the file of the Learned CIT (Exemption).

2. On the facts and in circumstances of the case and in law, the learned CIT, Exemption erred in rejecting an application made for registration of trust under Section 12AB of the ITA Act, without appreciating the facts of the case, your appellant prays for granting such deduction. Your appellant prays for deletion of entire addition. Your appellant craves for to add, alter amend, modify, delete any or all grounds of appeal before or during the course of hearing”

3. The facts of the case, in brief, are that the assessee has filed an application No.CIT EXEMPTION, PUNE/2023- 24/12AA/10900 in Form No.10AB under clause (iii) of section 12A(1)(ac) of the Income Tax Act, 1961 on 14.03.2023. On the basis of above application, Ld. CIT, Exemption, Pune with view to verify the genuineness and activities of the assessee, issued notice through ITBA portal on 12.07.2023 requesting the assessee to furnish various information. Since the assessee did not comply with the above said notice, another opportunity was given to the assessee vide notice dated 01.08.2023. However, the assessee again failed to comply with the above notice. Consequently, Ld. CIT, Exemption, Pune rejected the application filed by the assessee and also cancelled the provisional registration granted on 27.05.2021 u/s 12AB r.w.s. 12A(1)(ac)(vi) of the IT Act. It is this order against which the assessee is in appeal before this Tribunal.

4. Ld. AR appearing for the assessee submitted before us that the ex-parte order passed by Ld. CIT, Exemption, Pune is not justified. It was submitted by Ld. AR that only two opportunities were granted by Ld. CIT, Exemption, Pune to furnish required details and due to oversight the e-mail could not be seen by the staff of the assessee. It was therefore requested before the Bench to provide one last opportunity to submit the details required by Ld. CIT, Exemption, Pune. Accordingly, it was prayed to set-aside the order passed by Ld. CIT, Exemption, Pune.