HIKMAT FOUNDATION,PATNA V. CIT EXEMPTION, PATNA

ITA 102/PAT/2025

AI Insights

The case involves Hikmat Foundation appealing against the decision of the CIT (Exemption), Patna, which rejected their application for registration under section 12(1)(ac)(iii) of the Income Tax Act. The initial rejection was due to the assessee's failure to comply with notices requesting detailed financial information, which the CIT (Exemption) claimed were not complied with, leading to an inability to determine if the foundation operated wholly and exclusively for charitable purposes. The ITAT, after considering the circumstances, decided to remand the case for a thorough re-examination of the facts presented by the assessee.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 360881 (ITAT-PATNA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-05-2025
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Assessment Year: 2024-2025
• Laws Referred To: Income Tax Act
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: ASHWANI KR. SINGAL
• Assessee Lawyers: PAWAN KUMAR
• Keywords: Set aside; Charitable institution

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL PATNA BENCH PATNA VIRTUAL HEARING AT KOLKATA BEFORE SHRI DUVVURU RL REDDY, VICE PRESIDENT AND SHRI SANJAY AWASTHI, ACCOUNTANT MEMBER ITA No. 102/PAT/2025 Assessment Year: 2024-25 Hikmat Foundation 57, A. N. Path, Patliputra, S.O. Phulwari, Patna- 800013. (PAN: AABTH3752R) Vs. CIT (Exemption), Patna (Appellant) (Respondent) Present for: Appellant by : Shri Pawan Kumar, CA Respondent by : Shri Ashwani Kr. Singal, JCIT Date of Hearing : 05.05.2025 Date of Pronouncement : 21.05.2025 O R D E R Per Sanjay Awasthi, Accountant Member : This appeal arises from the order passed in Form No. 10AD for registration or approval or rejection or cancellation dated 02.03.2024 by Ld. CIT(E), Patna. 2. In this case, there is a delay of 276 days in filing of the present appeal. For this, the assessee has filed an affidavit which deserves to be extracted as under: 2 ITA No. 102/Pat/2025 Hikmat Foundation, AY: 2024-25, 3. Considering the reasons given in the said affidavit, we condone the delay and admit this appeal for adjudication. 4. The present appeal emanates from the order passed by ld. CIT(E) rejecting the application filed in Form No. 10AB seeking registration 3 ITA No. 102/Pat/2025 Hikmat Foundation, AY: 2024-25, under 12(1)(ac)(iii) of the Act. In this case, the Ld. CIT(E) has recorded in para 3 of the impugned order that certain details were called for by notice issued from his office and another opportunity was given for presenting the facts on 23.02.2024. It is recorded in the impugned order that the assessee did not make any compliance to this notice. Thereafter, the Ld. CIT(E) took an adverse view of the matter and held that in the absence of bank statements, sources of receipts etc. it was not to possible determine whether the assessee was working wholly and exclusively for charitable purposes or not. Thereafter, an adverse order was passed against the assessee. 5. Aggrieved with this action, the assessee has approached the ITAT and as per ground no. 3 it has been averred that the notices calling for details were never served on the assessee. Before us, the ld. AR pleaded for an opportunity to present the facts before the Ld. CIT(E) and requested that the matter may be remanded back to him. 6. The ld. DR, on the other hand, supported the impugned order. 7. We have carefully considered the submissions of Ld. AR/DR and have also perused the documents before us. We find that in the interest of justice, this matter deserves to be remanded back to the file of the Ld. CIT(E) for fresh adjudication. The assessee would do well to present the full facts before the ld. CIT(E) who would consider the details before him and pass a reasoned order as per law. In the light of this, we set aside the impugned order and remand the matter back to the file of the ld. CIT(E) for fresh adjudication. 8. In the result, the appeal of the assessee is allowed for statistical purposes. 4 ITA No. 102/Pat/2025 Hikmat Foundation, AY: 2024-25, 9. Order is pronounced on 21st May, 2025. Sd/- Sd/- (Duvvuru RL Reddy) (Sanjay Awasthi) Vice President Accountant Member Dated: 21st May, 2025 JD, Sr. P.S. Copy to: 1. The Appellant: Hikmat Foundation 2. The Respondent. CIT(E), Patna 3. CIT 4. DR, ITAT, Patna Bench, Patna 5. Guard file. True Copy By Order Assistant Registrar ITAT, Kolkata Benches, Kolkata "