SANT SADGURU SIDDHA DIGAMBER GANESH MAHARAJ SAMADHI MANDIR TRUST ,NASHIK vs. CIT(EXEMPTION), PUNE
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeal, finding the assessee's explanation for non-receipt of notices credible. The matter was remitted back to the CIT (Exemption) for fresh consideration.
What were the facts?
The assessee trust applied for registration under Section 12AB, but the CIT (Exemption) denied it due to non-compliance with notices. The trust claims these notices were sent to an incorrect email address and were never received.
What were the issues?
Whether the denial of registration under Section 12AB was justified when the assessee claimed non-receipt of notices due to an incorrect email address, and whether the delay in filing the appeal should be condoned.
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 SATBEER SINGH GODARA & SHRI INTURI RAMA RAO
This is an appeal filed by the assessee directed against the order of CIT (Exemption), Pune dated 30.05.2023 denying registration u/s.12AB of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act”).
The appellant is a Trust which filed application in Form No.10AB dated 03.11.2022 seeking registration u/s.12A(1)(ac)(iii) of the Act. On receipt of the said application, the ld. CIT, Exemption, in order to verify the genuineness of activities of the appellant trust, issued notice(s) through ITBA portal calling upon the appellant to file certain information/clarification. However, for the reasons best known to the appellant trust, the appellant could not comply with the said notices. In the circumstances, the ld. CIT (Exemption) drew inference that the he is unable to draw any satisfactory conclusion about genuineness of activities of the appellant trust, thus chose to reject the application filed denying registration u/s.12AB of the Act.
Being aggrieved, an appeal was filed before the Tribunal with a delay of 227 days. The appellant trust filed an affidavit praying for condonation of delay stating that the notices as well as the impugned order dated 30.05.2023 were issued on ‘kunjalwaje@gmailcom’ whereas the email ID provided by the appellant trust for communication was ‘nagpuresn64@gmail.com. It was further submitted that neither the notices nor the impugned order were received on e-mail Id/post. Therefore, the appellant trust was unaware of the notices/passing of the impugned order. It is, therefore, prayed for remand of the matter to the CIT, Exemption condoning the delay.
On the other hand, the ld. CIT-DR vehemently opposed for remand of the matter to the CIT (Exemption) and condonation of delay.
We heard the rival submissions and perused the material on record. At the outset, we find there is a delay of 227 days in filing this present appeal before us. The appellant had explained the reasons for delay in filing appeal stating that the appellant trust had neither received hearing notices nor impugned order as the Department issued the notice(s) of hearing on different e-mail ID. The above averments made in the affidavit filed for seeking condonation of delay remain uncontroverted. There is no material on record to disbelieve the averments made by the appellant trust. We therefore condone the delay of 227 days in filing the appeal.
The contention that the hearing notices were served on different e- mail id was not disproved by the Revenue. Further, we find that the ld. CIT (Exemption), Pune had rejected the application filed by the assessee denying registration u/s.12AB without going into the merits of the application. In our considered opinion and in order to meet the ends of justice, the matter requires remission to the file of CIT, Exemption for denovo disposal of the application in accordance with law after affording an opportunity of being heard to the appellant trust.
In the result, the appeal filed by the assessee is partly allowed for statistical purposes.
Order pronounced on this 20th day of June, 2024.
More judgments on Section 12AB
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- 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
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