SHREE SAURASHTRA KADWA PATEL SAMAJ,PUNE vs. CIT EXEMPTION, PUNE, PUNE

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ITA 1419/PUN/2023Status: DisposedITAT Pune11 January 2024Bench: SHRI INTURI RAMA RAO (Accountant Member), SHRI PARTHA SARATHI CHAUDHURY (Judicial Member)4 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT(Exemption) provided an unreasonably short period of time to respond to the notice, violating principles of natural justice. Therefore, the impugned order was set aside.

What were the facts?

The assessee, a charitable society, applied for registration under Section 12AB. The CIT(Exemption) rejected the application and cancelled provisional registration, citing non-compliance with a notice issued with a very short response time.

What were the issues?

Whether the rejection of the registration application due to insufficient time to respond to a notice violates principles of natural justice.

Which sections of the Income-tax Act were involved?

Section 12AB,Section 12A(1)(ac)(vi)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE

Before: SHRI INTURI RAMA RAO & SHRI PARTHA SARATHI CHAUDHURY

For Appellant: Smt. Deepa Khare
For Respondent: Shri Ajay Kumar Kesari
Hearing: 11.01.2024Pronounced: 11.01.2024

ORDER

PER INTURI RAMA RAO, AM:

1.

This appeal is filed by the assessee directed against the order passed by the ld. Commissioner of Income Tax, Exemption, Pune [‘the CIT, Exemption’] dated 01.11.2023 passed u/s 12AB r.w.s. 12A(1)(ac)(vi) of the Income Tax Act, 1961 (‘the Act’).

2.

Briefly, the facts of the case are that the appellant is a charitable society registered under the provisions of Bombay Public Trusts Act, 1950. It is formed with the objects of Navratri Function, Sports Activity, Makar Sankranti, Education Excellency Award and Cultural Programs etc. The appellant society had applied for grant 2 of registration u/s 12AB r.w.s. 12A of the Act in Form 10A on 25.03.2023. Thereafter, the appellant society had applied for grant of registration in Form 10AB on 10.05.2023. On receipt of the said application, the ld. CIT, Exemption had called for certain details vide letter dated 09.08.2023. The said letter was duly complied with by the appellant society. However, the ld. CIT, Exemption had sought further information issued notice on 20.10.2023 requiring the appellant society to comply with the said notice on or before 25.10.2023. The appellant society sought further time to comply with the said notice. The ld. CIT, Exemption without disposing of the adjournment petition had proceeded with disposal of the application for grant of registration. In the circumstances, the ld. CIT, Exemption had rejected the application filed by the appellant society had also cancelled the provisional registration granted on 01.04.2023. 3. Being aggrieved, the appellant is in appeal before us in the present appeal. 4. The ld. AR submits that the appellant could not comply with the notice dated 20.10.2023 for want of reasonable time and, therefore, prayed that the matter be remanded to the ld. CIT, Exemption for de novo consideration.

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