AIC - PRESTIGE INSPIRE FOUNDATION,INDORE V. CIT EXEMPTION, BHOPAL

ITA 59/IND/2025

AI Insights

The case involves AIC- Prestige Inspire Foundation, which appealed against the decision of the Commissioner of Income-Tax (Exemption), Bhopal, who had rejected their application for final registration under section 12AB of the Income-tax Act, 1961, and cancelled their provisional registration. The tribunal considered the arguments and evidence presented by both the assessee and the revenue, including the assessee's willingness to provide additional documentation and explanations as required by the CIT(E). The tribunal emphasized the need for a fair hearing and the opportunity for the assessee to present their case adequately before the CIT(E).

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 772074 (ITAT-INDORE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-08-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Assessment Year: misc
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Department Lawyers: FORASSESSEECARRIEDUSTOPARA; OFTHEIMPUGNEDORDER; FORREVENUEAGREESWITHTHEPRAYEROFLD.ARBUTMAKESA; SHRIRAGHUNATH
• Assessee Lawyers: SHRIASHISH GOYAL; N.D. PATWA; ARS
• Keywords: Principle of natural justice

Judgement Text

"Page 1 of 3 आयकरअपीलीयअिधकरण, इंदौरɊायपीठ, इंदौर IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI B.M. BIYANI, ACCOUNTANT MEMBER AND SHRI PARESH M. JOSHI, JUDICIAL MEMBER ITA No.59/Ind/2025 AIC- Prestige Inspire Foundation, 3rd Floor, Block-C prestige Vihar, Sch. No.74-C, Vijay Nagar, Indore बनाम/ Vs. CIT (Exemption) Bhopal (Assessee/Appellant) (Revenue/Respondent) PAN: AARCA1971A Assessee by Shri Ashish Goyal & N.D. Patwa, ARs Revenue by Shri Raghunath, CIT-DR Date of Hearing 25.08.2025 Date of Pronouncement 28.08.2025 आदेश/ O R D E R Per B.M. Biyani, A.M.: Feeling aggrieved by order bearing DIN: ITBA/EXM/F/EXM45/2024- 25/1071559931(1) dated 25.12.2024 passed by learned Commissioner of Income-Tax (Exemption), Bhopal [“CIT(E)”] by which the assessee’s application for grant of final registration u/s 12AB of Income-tax Act, 1961 has been rejected and the provisional registration u/s 12AB granted earlier Printed from counselvise.com AIC- Prestige Inspire Foundation ITA No. 59/Ind/2025 Page 2 of 3 has also been cancelled, the assessee has filed this appeal on the grounds mentioned in Appeal Memo (Form No. 36). 2. Ld. AR for assessee carried us to Para 3, 4 & 5 of the impugned order and demonstrated that the Ld. CIT(E) has rejected assessee’s application for some misunderstanding of the activities of assessee and also for the reason of non-supply of rent agreement and bank statements by assessee. Ld. AR next submitted that the assessee has filed an Application under Rule 29 of Income-tax (Appellate Tribunal) Rules, 1963 accompanied by a separate paper-book having pages from 102 to 126 containing the evidences required by Ld. CIT(E). Further, the assessee is willing to file any detail/ explanation/information as the CIT(E) needs. Therefore, in the interest of justice one more opportunity may be given to assessee represent its case before CIT(E). 3. Ld. DR for revenue agrees with the prayer of Ld. AR but makes a request to direct the assessee to represent his case before CIT(E) and do not seek unnecessary adjournments. 4. Considering above submissions of parties; having regard to the principle of natural justice and also bearing in mind that no prejudice would be caused to revenue if the present matter is restored at the level of CIT(E), we remand this matter back to the file of CIT(E) for adjudication afresh after examining of assessee’s evidences. We, however, make it clear that CIT(E) may raise any other query also as considered necessary. The CIT(E) shall Printed from counselvise.com AIC- Prestige Inspire Foundation ITA No. 59/Ind/2025 Page 3 of 3 give necessary opportunity of hearing to assessee and pass an appropriate order uninfluenced by his earlier order. The assessee is also directed to remain vigilant and ensure participation in the hearings as may be fixed by CIT(E) and do not seek unnecessary adjournments failing which the CIT(E) shall be at liberty to pass appropriate order in accordance with law. Ordered accordingly. 5. Resultantly, this appeal is allowed for statistical purpose. Order pronounced in open court on 28/08/2025 Sd/- Sd/- (PARESH M. JOSHI) (B.M. BIYANI) JUDICIAL MEMBER ACCOUNTANT MEMBER Indore िदनांक/Dated : 28/08/2025 Patel/Sr. PS Copies to: (1) The appellant (2) The respondent (3) CIT (4) CIT(A) (5) Departmental Representative (6) Guard File By order UE COPYSr. Private Secretary Income Tax Appellate Tribunal Indore Bench, Indore Printed from counselvise.com "