GRV TRUST,COIMBATORE V. CIT, EXEMPTIONS, CHENNAI

ITA 482/CHNY/2025

AI Insights

The case involves GRV Trust, which appealed against the order of the Commissioner of Income Tax (Exemption), Chennai, rejecting their application for approval under section 80G(5)(iii) of the Income Tax Act, 1961. The initial rejection was due to the assessee's failure to provide the 'Order for Registration under section 12AB' of the Act. The Tribunal noted a previous order from a co-ordinate Bench which had restored the matter to the CIT(E) for reconsideration regarding the registration under section 12AB. Consequently, the Tribunal directed the CIT(E) to reassess the application for approval under section 80G(5)(iii) in accordance with the co-ordinate Bench's decision.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 126658 (ITAT-CHENNAI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-04-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: misc
• Other Referred Cases: ITA No.3147/Chny/2024
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D. KOMALI KRISHNA
• Assessee Lawyers: SRICHARAN
• Keywords: Commissioner; Commissioner of Income Tax; Restored; Exempt; Registration u/s 12AB; Reconsider

Judgement Text

" आयकर अपीलीय अिधकरण, ‘सी’ \u000fा यपीठ, चे\u0014ई IN THE INCOME TAX APPELLATE TRIBUNAL , ‘C’ BENCH, CHENNAI \u0016ी मनु क ुमा र िग\u001bर ,\u000fा ियक सद एवं \u0016ी एस . आर . रघुना था , लेखा सद क े सम& BEFORE SHRI MANU KUMAR GIRI, JUDICIAL MEMBER AND SHRI S.R.RAGHUNATHA, ACCOUNTANT MEMBER आयकरअपीलसं./I.T.A.No.482/Chny/2025 GRV Trust 336, Avinashi Road, Peelamedu, Coimbatore-641 004. Vs The CIT(Exemption) Chennai. PAN : AABTG-6005-A (अपीलाथ\u0007/Appellant) (\b यथ\u0007/Respondent) अपीलाथ\u0007क ओरसे/ Appellant by : Mr. Sricharan, C.A. \b यथ\u0007क ओरसे/Respondent by : Ms. D. Komali Krishna,CIT सुनवाईक\bतारीख/Date of hearing : 22.04.2025 घोषणाक\bतारीख /Date of Pronouncement : 23.04.2025 आदेश आदेश आदेश आदेश / O R D E R PER MANU KUMAR GIRI, JM: The captioned appeal preferred by the assessee is against the impugned order dated 21.12.2024 passed by the ld. Commissioner of Income Tax(Exemption), Chennai. 2. The assessee / applicant filed an application on in Form No.10AB seeking approval u/s 80G(5)(iii) of the Income Tax Act, 1961 (‘Act’ in short) on 26.06.2024. Thereafter, the ld.CIT(E) vide show cause notice dated 14.12.2024 requested the assessee to furnish the ‘Order for Registration u/s 12AB’ of the Act. Though the assessee furnished certain details, but failed to furnish order for Registration u/s.12AB of the Act. Therefore, ld.CIT(E) rejected the application referred supra as not maintainable. Assessee is in further appeal before us. 2 ITA No.482/Chny/2025 3. The learned counsel for the assessee filed order of the co- ordinate Bench Tribunal dated 19.02.2025 [ITA No.3147/Chny/2024] in assessee’s own case wherein the co-ordinate bench has restored the matter to the file of the ld. CIT(E) to reconsider the application for registration u/s 12AB of the Income Tax Act, 1961. The Ld. CIT- DR did not dispute the factum of the order of the co-ordinate Bench Tribunal dated 19.02.2025 [ITA No.3147/Chny/2024] in assessee’s own case. 4. We have heard rival submissions and perused records. We, in the light of the submissions as narrated in para 3 supra, also restore this matter to the file of CIT(E). We direct the CIT(E) to reconsider the application on merits in the light of the order of the co-ordinate Bench Tribunal dated 19.02.2025 [ITA No.3147/Chny/2024] in assessee’s own case, after providing proper opportunity of hearing to the assessee. The assessee is directed to cooperate and substantiate its case forthwith without any fail, failing which Ld. CIT(E) shall be at liberty to proceed with the disposal of the application as per law. The ld. counsel, who appeared also assured the bench that he will ensure that the assessee will prosecute his case diligently. 3 ITA No.482/Chny/2025 5. In the result, the appeal filed by the assessee is allowed for statistical purpose. Order pronounced in the open court on 23rd April, 2025 Sd/- Sd/- (एस . आर . रघुनाथा) ( मनु क ुमार िग\u001bर ) ( S.R.Raghunatha ) ( Manu Kumar Giri) लेखा लेखा लेखा लेखा सद\u0003य सद\u0003य सद\u0003य सद\u0003य / Accountant Member \u000fाियक सद / Judicial Member चे\u0012ई/Chennai, \u0014दनांक/Date: 23.04.2025 DS आदेश क\u0007 \bितिलिप अ\u000eेिषत/Copy to: 1.Appellant 2.Respondent 3. आयकर आयु\u0012/CIT Chennai/Madurai/Coimbatore/Salem 4. िवभागीय \bितिनिध/DR 5. गाड\u001b फाईल/GF. "