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Income Tax Appellate Tribunal, PUNE BENCHES “B” : PUNE
Before: SHRI RAMA KANTA PANDA & SHRI SATBEER SINGH GODARA
This assessee’s appeal, arise against the CIT (Exemption), Pune, Pune’s Din and Notice No. ITBA/EXM/F/EXM45/2023-24/1062421136(1), dated 11.03.2024, involving proceedings u/s.12AB of the Income Tax Act, 1961 (in short “the Act”).
Case called twice. None appears at assessee’s behest. It is accordingly proceeded ex-parte.
Learned CIT-DR vehemently argued during the course of hearing that the CIT(E) herein has rightly declined the assessee’s sec.12A registration on account of the latter’s
2 ITA.No.860/PUN./2024 failure in filing all the relevant details in the corresponding proceedings. Mr. Ajay further takes us to the CIT(E) detailed discussion in para-4 that the assessee had not even proved genuineness of it’s activities during registration proceedings.
We have given our thoughtful consideration to the assessee’s pleadings and Revenue’s foregoing contentions. We find from a perusal of the CIT(E)’s impugned order that he has not even discussed the assessee’s object clauses in the trust deed as to under which limb the case is covered i.e., whether for the specified charitable objects or under the last head of general public utility. This is indeed coupled with the fact that the CIT(E) had granted last opportunity on 01.03.2024 followed by his impugned order dated 11.03.2024 and therefore, possibility of some communication gaps at assessee’s behest also could not be altogether ruled-out. Be that as it may, we deem it appropriate in the larger interest of justice to restore the assessee’s instant appeal back to the CIT(E) for his afresh appropriate adjudication as per law, preferably within three effective opportunities of hearing, subject to the rider that it shall be the assessee’s onus and responsibility only to file and prove all the relevant facts in consequential proceedings. Ordered accordingly.
This assessee’s appeal is allowed for statistical purposes in above terms.
3 ITA.No.860/PUN./2024
Order pronounced in the open Court on 30.08.2023.