LIONS CLUB OF PUNE SUPREME TRUST,NARAYAN PETH, LAXMI RAOD, PUNE vs. COMMISSIONER OF INCOME TAX EXEMPTION, PUNE, INCOME TAX OFFICE, PMT BUILDING, SHANKAR SETH ROAD, PUNE
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeal and held that the assessee had a sufficient cause for non-compliance. It set aside the rejection order and granted one more opportunity to the assessee.
What were the facts?
The assessee trust applied for registration under Section 80G, but failed to comply with notices from the CIT(E) due to the death of its chairman and trustee. This led to the rejection of its application.
What were the issues?
Whether the assessee had a reasonable cause for non-compliance with the notices issued by the CIT(E) for 80G registration.
Which sections of the Income-tax Act were involved?
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Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Vishin Meghani v. DCIT & Anr291 citing398 ITR 250 · 2017 · HC
- Land Acquisition, Anantnag and Anr. v. Ms Katiji and Others164 citing167 ITR 5 · 1987 · SC
Income Tax Appellate Tribunal, PUNE ‘A’ BENCH, PUNE
BEFORE HON’BLE SHRI S. S. GODARA, JUDICIAL MEMBER AND SHRI G. D. PADMAHSHALI, ACCOUNTANT MEMBER Lions Club of Pune Supreme Trust 710, Narayan Peth, Laxmi Road, Pune-411030. . . . . . . . अपीलार्थी / Appellant PAN:AABTL2778B बनाम / V/s. Commissioner of Income Tax-Exemption, . . . . . . . . प्रत्यर्थी / Respondent Pune द्वारा / Appearances Assessee by : Mr Pramod Shingte [‘Ld. AR’] Revenue by : Mr Keyur Patel [‘LD. DR’] सुनवाई की तारीख / Date of conclusive Hearing : 31/05/2024 घोषणा की तारीख / Date of Pronouncement : 31/05/2024 आदेश / ORDER PER G. D. PADMAHSHALI, AM; By present appeal the assessee trust challenges rejection DIN & order No. ITBA/EXM/F/EXM45/2022-23/1050413965(1) dt. 04/03/2023 passed by the Commissioner of Income Tax-Exemption, Pune [for short ‘CIT(E)’] u/s 80G(5) of the Income-tax Act, 1961 [for short ‘the Act’]
We have heard rival contentions of both the parties; and subject to the provisions of rule 18 of ITAT-Rules, 1963 perused material placed on record. At the outset, after vouching sufficiency of reasons beyond undeliberate 297 days delay in instituting the present appeal, we condoned the same in the larger interest of justice and after placing reliance on ‘Vijay Vishin Meghani Vs. DCIT & Anr’ reported 398 ITR 250 (Bom) and ‘Collector, Land Acquisition, Anantnag and Anr. Vs Ms Katiji and Others’ reported at 167 ITR 5 (SC). ITAT-Pune Page 1 of 3
Lions Club of Pune Supreme Trust Vs CIT€ ITA No.0369/PUN/2024
We observed that, the appellant trust applied for 80G registration under clause (iii) of first proviso to sub-section (5) of section 80G of the Act on 29/09/2022. Upon perusal of Form 10AB and accompanying documents, the Ld. CIT(E) by issue of notice dt. 10/01/2023 called upon the appellant to substantiate the existence and genuineness of its activities and to furnish certain information / clarification etc., however assessee trust failed to comply therewith. The assessee vide notice dt. 30/01/2023 was again granted one more opportunity to make good the shortcoming, however this notice also went futile. In the event of failure of appellant to place on records requisite material to enable to arrive at positive satisfaction, the Ld. CIT(E) proceeded on the basis of information on records, and concluded the activities of the appellant lacks genuinity, consequently rejected its application and cancelled the provisional 80G granted to the appellant assessee on 23/09/2021.
From page 33/33 of paper book submitted by the appellant trust we note that, owning to death of chairman & trustee Mr Hasmukh Ramaniklal Mehta and consequential election to the post the notices issued to the trust requiring compliance were remained un-attended. The circumstance suggest without an iota of doubt that, the non-compliance was on the part of assessee was undeliberate & attributable to reasonable cause there behind, for which the appellant seeks one more opportunity to represent its case and comply with the requirements of law and cure the defects. ITAT-Pune Page 2 of 3
Lions Club of Pune Supreme Trust Vs CIT€ ITA No.0369/PUN/2024
The Ld. DR could hardly object the prayer in the evince of death certificate placed on records.
In these facts and circumstance, without offering any comment on merits of the case, we hold that, for a sufficient cause the appellant was prevented from complying with the notices issued during the course of impugned proceedings. For the reasons and in the larger interest of justice we deem it fit to accord one more opportunity to the appellant to represent its case on merits, in consequence we set-aside the impugned order of rejection and cancellation of 80G. As a result we remand the matter back to the file of Ld. CIT(E) with a direction to decide the issue of grant of 80G recognition to the assessee a fresh in accordance with law, preferably in three effective hearings.
The appeal in result is allowed for statistical purposes. 7. U/r 34 of ITAT Rules, order pronounced in open court on this Friday 31st Day of May, 2024 -S/d- -S/d- S. S. GODARA G. D. PADMAHSHALI ACCOUNTANT MEMBER JUDICIAL MEMBER पुणे / PUNE ; ददनाांक / Dated : 31st Day of May, 2024. आदेश की प्रतितलतप अग्रेतिि / Copy of the Order forwarded to : 1.अपीलाथी / The Appellant. 2. प्रत्यथी / The Respondent. 3. The Pr. CIT, Pune (MH-India) 4. The CIT(E),Pune (MH-India) 5. DR, ITAT, Pune Bench ‘A’, Pune 6. गार्डफ़ाइल / Guard File. आदेशानुसार / By Order, वररष्ठ दनजी सदिव / Sr. Private Secretary आयकर अपीलीय न्यायादधकरण, पुणे / ITAT, Pune.
ITAT-Pune Page 3 of 3
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