SUNDAR SANKAR VA SWADHYA MANDAL,NASHIK vs. CIT EXEMPTION, PUNE, PUNE
What did the Tribunal hold?
The Tribunal held that the period of seven days granted to the assessee was not reasonable, violating the principles of natural justice. Therefore, the matter was remanded back to the CIT(E) for a fresh consideration.
What were the facts?
The assessee's application for regular registration under Section 12A(1)(ac)(iii) was rejected by the CIT(E) due to illegible financial statements and failure to rectify discrepancies. The assessee was given only seven days to comply with the show cause notice.
What were the issues?
Whether the period granted to the assessee to rectify defects and respond to the show cause notice was reasonable, and if not, whether it violated the principles of natural justice.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(3)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.
- CIT v. Panna Devi Saraogi19 citing78 ITR 728 · 1970 · HC
- Ritu Devi v. CIT16 citing141 Taxmann 559 · 2004 · HC
- Vittal v. Appropriate Authority7 citing221 ITR 760 · 1996 · HC
Income Tax Appellate Tribunal, PUNE ‘B’ BENCH, PUNE
Before: HON’BLE SHRI S. S. GODARA & SHRI G. D. PADMAHSHALI
आदेश/ ORDER
PER G. D. PADMAHSHALI, AM :
The present appeal of the assessee impugned DIN & Order No. ITBA/EXM/F/EXM45/2023-24/1058612905(1) dt. 09/12/2023 passed by Ld. CIT(E) u/s 12A(1)(ac)(vi) of the Income Tax Act [‘the Act’ hereinafter].
We have heard the rival contentions of both the parties; subject to provisions of rule 18 of Income Tax Appellate Rules, 1963 [‘ITAT Rules’ hereinafter] perused material placed on records.
ITAT-Pune Page 1 of 4
Sundar Sanskar Va Swadhya Mandal ITA No.1439/PUN/2023
We note that; for regular registration, the assessee filed an application to the respondent vide application No. CIT EXEMPTION, PUNE/2023- 24/12AA/12040 dt. 11/07/2023 in Form No.10AB under clause (iii) of section 12(1)(ac) of the Act. By the impugned order, said application of the assessee was rejected by the Ld. CIT(E) on the ground that copies of financial statements/building fund details filed were not legible, inasmuch as, images were cut and amounts/figures could not be read. Further case of the Revenue is that the appellant did fail to rectify the discrepancies notified to it by show cause notice [‘SCN’ hereinafter] in terms of clause (B)(ii)(b) of sub-section (1) of section 12AB of the Act r.w.r. 17K(8) of the Income Tax Rules, 1962.
Aggrieved by the impugned order, on the ground of violation of principle of natural justice the assessee brought up this case challenging the cancellation of its provisional registration and denial to grant it a regular registration as an institution / fund u/s 12A(1)(ac)(iii) of the Act.
The matter of fact as rightly solidified by the Ld. DR from para 4 of the impugned order placed at page 1 thereof that, while rejecting the application, the appellant was duly notified with discrepancies & negative observations and called upon to rectify & refute respectively. The appellant’ inaction solitarily in these matters triggered the denial of registration which cannot be faulted with. Countenanced therewith, we prima-facie see no reasons to interfere with Ld. CIT(E)’s action to cancel the provisional registration and to reject the application on the foundation of his categorical findings.
ITAT-Pune Page 2 of 4
Sundar Sanskar Va Swadhya Mandal ITA No.1439/PUN/2023
However, we note that, by SCN dt. 23/11/2023 the appellant was called upon to rectify the discrepancies and negate the findings which allowed the appellant only seven days for its compliance. Further from page 1-2 of paper book filed by the appellant, we note that the appellant had forwarded a request for adjournment on very SCN expiring day seeking thereby an additional time to comply, which however lost sight of the respondent. This period of seven days allowed to appellant to comply in our considered opinion in not a reasonable period, because the opportunity of being heard should be real, reasonable and effective, the same should not be for namesake, it should not be a mere paper opportunity. This was so held in ‘CIT v. Panna Devi Saraogi’ [1970] 78 ITR 728 (Cal.). In ‘Smt. Ritu Devi v. CIT’ [2004] 141 Taxman 559 (Mad.), time of just a day was given to the assessee to furnish reply. This was held as denial of opportunity. As also held in ‘E. Vittal v. Appropriate Authority’ [1996] 221 ITR 760 (AP), where a decision is based upon a document in a proceeding, copy of the same should be provided to the affected party according reasonable period to negate, otherwise, it would violate the principles of natural justice as the opportunity of being heard should be an effective opportunity and not an empty formality, as the denial of reasonable opportunity renders the action/order void.
Although the Act prescribes no reasonable period, what however, shall be the reasonable period would depend upon the nature of the statute, rights and liabilities thereunder and other relevant factors. This aspect of reasonable time was recently discussed by this Court in Madras Aluminium Co Ltd v. Tamil ITAT-Pune Page 3 of 4
Sundar Sanskar Va Swadhya Mandal ITA No.1439/PUN/2023 Nadu State Electricity Board [8 SCC 240], having referred a three-Judge Bench decision in SEBI v. Bhavesh Pabari [5 SCC 90] stating that the concept is to be applied and judged in each case per its own peculiar facts so has to enable the aggrieved party to comply with the requirement.
In the instant case, we hold that, in the absence of reasonable period to the appellant and for sufficient reasons the appellant was prevented from complying the requirement of SCN more precisely in rectifying the notified defects and negating the findings of the respondent. For the reasons without commenting on merits of the case, we deem it fit to remand this matter back to the file of Ld. CIT(E) for granting not more than ONE effective opportunity with a period not less than fifteen days from the date of service of notice to the appellant to represent and refute the reasons of rejection and cancellation of its provisional registration.
2. In result, the appeal is ALLOWED FOR STATISTCIAL PURPOSE. U/r 34 of ITAT Rules, the order pronounced in the open court on this Wednesday 17th day of January, 2024.
-S/d- -S/d- S. S. GODARA G. D. PADMAHSHALI JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे/ PUNE ; दिनांकंक / Dated : 17th day of January, 2024. आदेशकीप्रतिलिपिअग्रेषित / Copy of the Order forwarded to : 1.अपीलार्थी / The Appellant. 2. प्रत्यर्थी / The Respondent. 3. The PCIT (E),Pune. 4. The CIT, concerned, Pune. 5. DR, ITAT, Bench ‘B’, Pune. 6. गार्डफ़ाइल / Guard File. आदेशानुसारेशानुसार / By Order Sujeet वरिष्ठष्ठ निजीजी सचिविव / Sr. Private Secretary आयकर अपीलीय न्यायाधिकरणिकरण, पुणे / ITAT, Pune.
ITAT-Pune Page 4 of 4
Similar judgments
Other orders that rely on the same authority or decide the same section.
- Javeed Khan Ahemad Khan, Yawal vs Income Tax Officer Ward 2(1), JalgaonPune8 Dec 2025Remanded
Also relies on CIT v. Panna Devi Saraogi
The Tribunal noted that the CIT(A) had already remanded the case for de novo assessment and that some legal issues challenging the validity of reassessment proceedings were raised for the first time before the Tribunal. ...
- Surajdatta Sagun Morajkar, Nerul vs Asst. Commissioner of Income Tax…Panaji18 Jun 2025Remanded
Also relies on CIT v. Panna Devi Saraogi
The Tribunal found that both the Assessing Officer and NFAC failed to consider crucial evidence submitted by the assessee and that the opportunities provided were insufficient and unreasonable, amounting to a denial of n...
- Gangappa Dundappa Agasar, Belagavi vs Assessing Officer, NFAC, DelhiPanaji12 Feb 2025Remanded
Also relies on CIT v. Panna Devi Saraogi
The tribunal set aside the penalty order, finding that the assessee was denied a reasonable opportunity to be heard, with notices providing less than seven days during the COVID-19 pandemic. It also noted the NFAC's fail...
- Mr Shashikant Yashwant Chaudhari, Jalgaon vs Assessing Officer, Assessment Unit, Income…Pune1 Oct 2024Remanded
Also relies on CIT v. Panna Devi Saraogi
The Tribunal held that the NFAC did not provide a reasonable and effective opportunity of hearing to the assessee, as the notices were issued with very short compliance periods. Furthermore, the NFAC failed to adjudicate...
- Shrinivas Vijaykumar Chidrewar, Pune vs ITO Ward 3(3), PunePune1 Oct 2024Remanded
Also relies on CIT v. Panna Devi Saraogi
The Tribunal held that the National Faceless Appeal Centre (NFAC) did not provide a reasonable and effective opportunity of hearing to the assessee, as the time granted for compliance was insufficient. This violated the ...
More judgments on Section 12A(1)(ac)(iii)
- Desire Foundation, Jaipur vs Income Tax Officer, JaipurITA 1646/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Sevasetu Foundation, Vadodara vs Commissioner of Income Tax (Exemption)…ITA 3149/AHD/2026[NA]Status: Disposed19 Oct 2026
- Sevasetu Foundation, Vadodara vs Commissioner of Income Tax (Exemption)…ITA 3148/AHD/2026[NA]Status: Disposed19 Oct 2026
- Sanskardham Nandan, Mehsana vs CIT(Exemption), AhmedabadITA 2980/AHD/2026[2025-26]Status: Disposed16 Oct 2026AY 2025-26
- D vs Welfare Foundation, Thanevs.Income Tax…ITA 6191/MUM/2026[2025-26]Status: Disposed12 Oct 2026AY 2025-26
Latest GST High Court judgments
Search GST case law →- Ankil Jagdishchandra Kholwadwala vs. Union Of INDIA And AnrBombay · 22 Oct 2026
- Imtiyaz Shaikh Z Chorlekar vs. Salman ShaikhBombay · 21 Oct 2026
- S. Nithyananda vs. State Of KarnatakaKarnataka · 17 Oct 2026
- Venkadeswara Grill Works vs. The Joint Commissioner (St)Madras · 16 Oct 2026
- Mufti Clothing And Co vs. The Assistant Commissioner (St)Madras · 16 Oct 2026