HARIVARSHA SANGHAVI AROGYA FOUNDATION ,NASHIK V. CIT EXEMPTION, PUNE

ITA 2179/PUN/2024

AI Insights

The case involves the Harivarsha Sanghavi Arogya Foundation, which appealed against the decision of the CIT, Exemption, Pune, rejecting their application for registration under section 12AA of the Income Tax Act. The foundation had initially complied with the CIT's notices but failed to respond to the final notice due to it being missed. The Tribunal considered the circumstances and the principles of natural justice, deciding to remand the case for a fresh decision, emphasizing the need for the assessee to comply with future notices.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 32409 (ITAT-PUNE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-01-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHANDRA VIJAY
• Assessee Lawyers: RAJENDRA AGIWAL
• Section: 12AA

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI MANISH BORAD, ACCOUNTANT MEMBER AND SHRI VINAY BHAMORE, JUDICIAL MEMBER आयकर अपील सं. / ITA No.2179/PUN/2024 Harivarsha Sanghavi Arogya Foundation, H. No.35/B, Rameshwar Nagar, Gangapur Road, Nashik- 422001. PAN : AAFCH2192G Vs. CIT, Exemption, Pune. Appellant Respondent आदेश / ORDER PER VINAY BHAMORE, JM: This appeal filed by the assessee is directed against the order dated 20.08.2024 passed by Ld. CIT, Exemption, Pune rejecting the application for registration u/s 12AA of the IT Act. 2. Facts of the case, in brief, are, that the assessee filed application for registration in Form No.10AB under clause (iii) of section 12(1)(ac) of the IT Act on 26.02.2024. With a view to verify the genuineness of activities of the assessee and compliance to requirements of any other law for the time being in force by the Assessee by : Shri Rajendra Agiwal Revenue by : Shri Chandra Vijay Date of hearing : 23.01.2025 Date of pronouncement : 27.01.2025 ITA No.2179/PUN/2024 2 trust/institution as are material for the purpose of achieving its objects, a notice was issued by Ld. CIT, Exemption, Pune through ITBA portal on 27.04.2024 requesting the assessee to upload certain information/clarification. The assessee failed to comply with the said notice. Therefore, Ld. CIT, Exemption, Pune issued another noticed on 12.06.2024. The desired information was furnished by the assessee. On verification of said information furnished by the assessee, Ld. CIT, Exemption, Pune found certain discrepancies in the information furnished by the assessee and issued another notice on 30.07.2024. However, the assessee could not reply to the said notice and Ld. CIT, Exemption, Pune in the absence of any reply rejected the application for registration and also cancelled the provisional registration granted to the assessee on 18.10.2021 u/s 12AB r.w.s. 12A(1)(ac)(vi) of the IT Act. It is this order against which the assessee is in appeal before this Tribunal. 3. Ld. AR appearing from the side of the assessee submitted before us that Ld. CIT, Exemption, Pune has not provided proper opportunity to the assessee, & therefore the order is not justified. It was further submitted that somehow the last notice was missed by ITA No.2179/PUN/2024 3 the assessee and the reply could not be filed to the above said notice. Accordingly, it was prayed before the Bench to set-aside the order passed by Ld. CIT, Exemption, Pune and further requested to provide one opportunity to submit the documents in support of application for registration. 4. Ld. DR appearing from the side of the Revenue placed heavy reliance on the orders passed by the subordinate authorities and requested to confirm the same. 5. We have heard Ld. Counsels from both the sides and perused the material available on record. We find that admittedly the assessee made compliance to the initial notices issued by the Ld. CIT, Exemption, Pune. It is the sole contention of the assessee that only the last notice could not be complied by the assessee and it was the prayer of Ld. AR that one more opportunity may kindly be granted to the assessee to explain his case. Considering the totality of the facts of the case and in the interest of justice without going into the merits of the case, we set-aside the order passed by Ld. CIT, Exemption, Pune and remand the matter back to him with a direction to decide the application for registration afresh as per fact ITA No.2179/PUN/2024 4 and law after providing reasonable opportunity of hearing to the assessee. The assessee is also hereby directed to comply with the notices issued by Ld. CIT, Exemption, Pune and produce requisite documents/information in support of the application for registration, otherwise, Ld. CIT, Exemption, Pune shall be at liberty to pass appropriate order as per law. Thus, the grounds of appeal raised by the assessee are partly allowed. 6. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on 27th day of January, 2025. Sd/- Sd/- (MANISH BORAD) (VINAY BHAMORE) ACCOUNTANT MEMBER JUDICIAL MEMBER पुणे / Pune; ᳰदनांक / Dated : 27th January, 2025. Sujeet आदेश कᳱ ᮧितिलिप अᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The CIT, Exemption, Pune. 4. The Pr. CIT/CIT concerned. 5. िवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, “A” बᱶच, पुणे / DR, ITAT, “A” Bench, Pune. 6. गाडᭅ फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune. "