GST & TAXATION BAR,JALANDHAR vs. COMMISSIONER OF INCOME TAX ( EXEMPTIONS), CHANDIGARH
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeals and restored the matters back to the CIT(E). The CIT(E) was directed to grant sufficient opportunity of being heard to the assessee and adjudicate the applications afresh on merits.
What were the facts?
The assessee's applications for registration under Section 12AB of the Income Tax Act were rejected by the CIT(E) without affording a reasonable opportunity of being heard. The assessee claimed that notices were issued on the IT portal and not received physically due to technical glitches.
What were the issues?
Whether the rejection of registration application under Section 12AB without providing a reasonable opportunity of being heard violates principles of natural justice. Whether technical glitches preventing receipt of notices justify restoration of the matter.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)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.
- Bharat Aluminium Company Ltd. v. Union of India18 citing134 Taxmann.com 187 · 2022 · HC
Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR
Before: DR. M. L. MEENA & SH. ANIKESH BANERJEE
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
During the course of hearing it was noticed that both the above appeals of the assessee are barred by limitation by 26 days. It is explained by the assessee that the delay is occurred due to lack of knowledge of the assessee and the orders were not served physically. 2.1 Ld. AR stated that it was only at the time of routine visit of the Department portal, the assessee has observed some outstanding demand against its name for the subject assessment year. Immediately the assessee came into action and downloaded the copy of the order and prepared the appeal in short period of 26 days. Accordingly, he prayed for condonation of short delay of 26 days. 2.2 Considering the short period of 26 days of delay in filing the appeal, the delay is condoned and appeal is admitted for adjudication on merits.
At the outset the Ld. Counsel for the Assessee submitted that the Ld. CIT(E) rejected the application of the assessee filed under section 12A(1)(ac)(iii) of the Act without granting sufficient opportunity of being heard and passed order in summary manner without adjudicating the issue on merits of the case. 3.1 The Counsel further submitted that the Ld. CIT(E) merely stated that the assessee was granted three opportunities but no reasonable submissions has been filed in response to the letter issued by his office. In absence of any submission from the assessee, it is not possible to ascertain object and the activity carried out by the assessee. Accordingly, the application filed by both the assessees for Registration under section 12AB of the Act were rejected by the Ld. CIT(E). 3.2 The Ld. AR contended that all the three notices issued by the Ld. CIT(E) were issued on the IT Portal which were not received physically and could not be downloaded from the portal due to technical glitch, so as to enable to make the requisite compliance in time before the Ld. CIT(E). He further submitted that the assessees should be granted one more opportunity and it
Assessment Year: 2023-24 Assessment Year: 2023-24 3 undertake to cooperate in the fresh proceedings before the Ld. CIT(E) in adjudication of the matter on merits of the case. He prayed that the matter may be remanded to the Ld. CIT(E), Chandigarh, accordingly.
Per contra, the Ld. DR stands by the impugned order and contended that the CIT(E) has granted three opportunities to the assessee. However, he has no objection in restoring the matter back to the file of the Ld. Cit(E) for fresh adjudication in view of the principle of natural justice.
We have heard the rival contention, material on record and impugned order. Admittedly, the Ld. CIT(E) has passed the order exparte qua the assesse thereby rejecting the application for Registration under section 12AB of the Act, in absence of submission from the assessees on the object and activity carried out by them. It is seen that the Ld. CIT(E) has not adjudicated the appeal on merit of the case that whether the activity of the assessee were carried out in consonance with the object of the assessee trust. It is noted that the assessee could not download the notices issued by the CIT(E) from the Department Portal and the same could not be delivered to them physically. In the absence of the availability of the copy of the notice issued by the office of the CIT(E) the assessee has genuine difficulty in furnishing the required information without having knowledge of what was the information called for.
6. The Hon’ble Delh High Court in the case of Bharat Aluminium Company Limited Vs. Union of India (2022) 134 Taxmann.com 187 has held that the assessee has a vested right to personal hearing and the same has to be given, if an assessee asked for it. The right to personal hearing cannot depend upon the facts of each case.
Under the facts and circumstances of the case, we deem it fit to restore the matter back to the file of the Ld. CIT(E) to adjudicate the application of both the appellant for grant of Registration under section 12AB of the Act afresh
Assessment Year: 2023-24 Assessment Year: 2023-24 4 after granting sufficient opportunity of being heard to the assessee. At the same time, the assessee is directed to update its email address on the Department portal and to cooperate in the fresh proceedings in adjudication of the matter for grant of Registration under section 12AB before the Ld. CIT(E). Accordingly, both the appeals of the assessees are restore back to the file of the Ld. CIT(E).
In the result, both the above appeals of the Assessee’s are allowed for statistical purposes. Order pronounced in the open court on 15/06/2023.
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 →- Jai Ram Gupta vs. The State Of Madhya PradeshMadhya Pradesh · 23 Oct 2026
- Maa Baglamukhi Construction Thr Propriter Aryan Dhingra vs. The State Of Madhya PradeshMadhya Pradesh · 22 Oct 2026
- 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