SHRI MAHESHWARI MAHILA MANDAL,AURANGABAD vs. COMMISSIONER OF INCOME TAX, EXEMPTION, PUNE, PUNE
What did the Tribunal hold?
The Tribunal found that the assessee had reasonable cause for non-compliance and deserved another opportunity. Therefore, the impugned order was set aside, and the matter was remitted back to the CIT(Exemption) for fresh adjudication.
What were the facts?
The assessee trust applied for registration under Section 12AB and approval under Section 80G. The CIT(Exemption) denied these due to non-compliance with a notice, citing changes in the Board of Directors and resignation of the accountant as reasons for the assessee's inability to respond.
What were the issues?
Whether the denial of registration and approval was justified due to the assessee's non-compliance with notices, and if the reasons provided for non-compliance constitute a reasonable cause.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCH “A”, PUNE
Before: SHRI INTURI RAMA RAO & SHRI S. S. VISWANETHRA RAVI
PER INTURI RAMA RAO, AM:
These two appeals filed by the assessee are directed against the orders of ld. Commissioner of Income Tax, Exemption, Pune [the CIT, Exemption] both dated 09.10.2023 denying registration u/s. 12AB(1)(ac)(vi) and approval u/s.80G(5)(iv) of the Income Tax Act, 1961 (‘the Act’).
Briefly, the facts of the case are that the appellant is a trust whose core objectives are to spread and publish educational facility in respective of Native, Tribunal, Backward class, Minority in the area of Rural & Urban countries for Girls and Boys. The appellant made an application on 15.05.2023 in Form No.10AB for grant of registration u/s 12AB of the Act. In the extant appeal under consideration in the ld. CIT, Exemption issued a notice dt. 05.08.2023 through ITBA portal calling upon the appellant to file certain information/clarification. The appellant society did not comply with the said notice. In the absence of any compliance from the side of the appellant trust, the ld. CIT, Exemption denied the grant of registration u/s.12AB of the Act and accordingly cancelled the provisional registration granted to the
Being aggrieved, the assessee is in appeal before us in the present appeal assailing the impugned order denying the grant of registration u/s.12AB.
Before us, the ld. AR submitted that the Board of Directors had changed and the Accountant who was pursuing the pending proceedings and required compliances etc., had resigned. The trustees were not enlightened with the pending proceedings and are ignorant of the same. In that circumstances, the appellant trust had not complied with the notices and thus could not submit relevant documentary evidences. It is, therefore, urged before the Tribunal to grant one more opportunity may be granted to represent its case before the lower authorities.
We heard the rival submissions and perused the material on record. On perusal of the impugned order, it is clear that the appellant was asked to furnish certain information vide notice dated 05.08.2023 requesting the appellant society to file the details. The appellant trust could not comply with the notices. The reason for non-compliance of notices as stated by the appellant trust was that the Board of Directors had changed and the Accountant had also resigned. Therefore, the trustees were unaware about the notices and submission of relevant documents. The appellant trust had submitted an affidavit to this effect to demonstrate as to under what circumstances it could not comply with the notices. We are satisfied that the appellant trust could not comply with the notices for sufficient and reasonable cause. Considering the aforementioned factual scenario in the present case, in the interest of justice, we are of the considered opinion that the appellant deserves one more opportunity to properly represent its case before CIT (Exemption). In view thereof, without touching upon the merits of the case, we set-aside the impugned order and remit the matter back to the file of ld. CIT, Exemption for fresh adjudication. The ld. AR has undertaken that the assessee will render full assistance to the ld. CIT(E) in such fresh proceedings. Since the impugned order cancelling the registration granted u/s.12AB of the Act has restored back in the circumstances mentioned therein, the appeal in filed against the denial of approval u/s.80G is also remitted back. We order accordingly.
In the result, both the appeals of the assessee stands partly allowed for statistical purposes.
Order pronounced on this 02nd day of February, 2024.
Sd/- Sd/- (S. S. VISWANETHRA RAVI) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; �दनांक / Dated : 02nd February, 2024 Satish आदेश क� �ितिलिप अ�ेिषत / Copy of the Order forwarded to : अपीलाथ� / The Appellant. 1. ��यथ� / The Respondent. 2. िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, “A” ब�च, 3. पुणे / DR, ITAT, “A” Bench, Pune. गाड� फ़ाइल / Guard File. 4. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune
Date 1. Draft dictated on 01-02-2024 Sr.PS 2. Draft placed before author 02-02-2024 Sr.PS 3. Draft proposed & placed before JM the second member 4. Draft discussed/approved by JM Second Member. 5. Approved Draft comes to the Sr.PS Sr.PS/PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order.
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 →- Aashutosh vs. The State Of Madhy PradeshMadhya Pradesh · 23 Oct 2026
- M/S Barnala Steel Industries Private Limited vs. State Of Uttar Pradesh And 2 OthersAllahabad · 22 Oct 2026
- Skd Suppliers Private Limited vs. The Superintendent, Central CGST, Rishra Division, Range-Ii, And AnrCalcutta · 22 Oct 2026
- M/S Aasha Industries vs. State Of U.P. And AnotherAllahabad · 22 Oct 2026
- M/S Bharat Iron Scrap vs. State Of U.P. And AnotherAllahabad · 22 Oct 2026