THE SOLAPUR PYRAMID SPIRITUAL TRUST,SOLAPUR vs. CIT EXEMPTION, PUNE
What did the Tribunal hold?
The Tribunal held that the CIT(Exemption) provided an unreasonably short period for the appellant to respond to a notice, violating principles of natural justice. Therefore, the matter needs to be reconsidered.
What were the facts?
The appellant trust applied for regular registration under Section 12AB. The CIT(Exemption) issued multiple notices for clarification, but the appellant's submissions were not always accessible or timely. The CIT ultimately rejected the application, citing lack of compliance and adverse inferences.
What were the issues?
Whether the CIT(Exemption) followed the principles of natural justice by providing adequate time for compliance. Whether the rejection of the registration application was justified based on the given circumstances.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE
Before: SHRI INTURI RAMA RAO & SHRI VINAY BHAMORE
This is an appeal filed by the appellant directed against the order of ld. Commissioner of Income Tax (Exemption), Pune dated 20.03.2024 denying registration u/s. 12AB(1)(ac)(iii) of the Income Tax Act, 1961 (‘the Act’).
Briefly, the facts of the case are that the appellant filed application in Form No.10AB under clause (iii) of section 12A(1)(ac) for grant of regular registration u/s.12AB of the Act on 29.09.2023. In order to verify the genuineness of activities of the appellant trust, the ld. CIT (Exemption) issued a notice dt. 30.11.2023 through ITBA portal calling upon the appellant trust to file certain information/clarification. The appellant complied with the said notice. However, the submissions furnished by the appellant was not accessible to the ld. CIT (Exemption), therefore, he issued another notice dated 30.01.2024 to the appellant to submit the compliance in pdf format. The appellant filed the required information. The ld. CIT (Exemption) issued another notice dated 14.03.2024 pointing out certain discrepancies, fixing the compliance date by 19.03.2024. There was no compliance from the side of the appellant. In the circumstances, the ld. CIT(Exemption) drew adverse inference about the charitable nature and genuineness of the appellant, rejected the application made by the appellant cancelling the provisional registration dated 02.10.2021.
Being aggrieved, the appellant is in appeal before the Tribunal in the present appeal assailing the impugned order rejecting the application for grant of regular registration.
When the matter was called on, none appeared on behalf of the appellant despite service of due notice of hearing. We therefore proceed to dispose of the appeal ex parte after hearing the ld. Departmental Representative.
We heard the ld. Sr. DR and perused the relevant material on record. We find, in the present case, the appellant filed application in Form No.10AB dated 29.09.2023 seeking regular registration u/s.12A(1)(ac)(iii) of the Act. On mere perusal of the contents of para no.4 and 5 of the impugned order, it would reveal that notice was issued to the appellant through ITBA portal on 14.03.2024 requesting the appellant to file explanation to the discrepancies pointed out in the above notice, on or before 19.03.2024. Undisputedly, the time given to the appellant for compliance is less than a week, which is against the Standard Operative Procedure (‘SOP’) issued by the CBDT dated 19.11.2020, wherein, minimum period of 15 days is required to be given to the assessee to comply with notices u/s 142(1) from the date of issue of the notice. Recently, the Hon’ble Delhi High Court in the case of Dauphin Travel Marketing Private Limited vs. ITO in W.P.(C) 8870/2023 & CM Nos.33516-17/2023 dated 05.07.2023 taking note of this SOP held that the grant of insufficient time to respond the notice violates the principles of natural justice and, therefore, set-aside the assessment. Thus, it is clear that the appellant was given unreasonably very short period of time to respond to the notice, which is against the principles of natural justice. In the light of the aforesaid facts mentioned above, we find that the approach adopted by the ld. CIT (Exemption) is unreasonable and violates of the principles of natural justice. In the circumstances, we are of the considered opinion that it is a fit case to remand the matter to the file of ld. CIT (Exemption) for de novo consideration of application in accordance with law.
In the result, the appeal filed by the appellant is partly allowed for statistical purposes.
Order pronounced on this 23rd day of September, 2024.
More judgments on Section 12AB
- Desire Foundation, Jaipur vs Income Tax Officer, JaipurITA 1646/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Sheo Narayan Trust, Khajpura vs CIT Exemption, PatnaITA 554/PAT/2026[2025-2026]Status: Disposed16 Oct 2026AY 2025-2026
- Ss Early Learning Society, Hyderabad vs CIT (Exemption), HyderabadITA 1208/HYD/2025[2026-27]Status: Disposed16 Oct 2026AY 2026-27
- Shri Brajshiromani Laxmandas Sewa Trust… vs Income-Tax Officer, Ward 1(3)(1), Mathura…ITA 592/AGR/2026[2026-2027]Status: Disposed14 Oct 2026AY 2026-2027
- Shri Brajshiromani Laxmandas Sewa Trust… vs Income-Tax Officer, Ward 1(3)(1), Mathura…ITA 591/AGR/2026[2026-2027]Status: Disposed14 Oct 2026AY 2026-2027
Recent GST High Court judgments
Search GST case law →- M/S New Sana Brick Field vs. Union Of INDIA And 4 OthersAllahabad · 21 Oct 2026
- M/S Shivam Tiles House vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- Vinay Singh vs. Union Of INDIAAllahabad · 21 Oct 2026
- M/S Aaradhyam Infrabuilders PVT LTD vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- M/S Shivam Tiles House vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026