Akansha Social Welfare and Human Resource Development (Trust), Akola V. Commissioner of Income Tax (Exemption), Pune, Pune

ITA 657/PUN/2023

AI Insights

The case involves two appeals by Akansha Social Welfare and Human Resource Development (Trust) against the orders of the CIT(Exemption), Pune, which denied the trust's registration under section 12AB and approval under section 80G(5) of the Income Tax Act, 1961. The tribunal found that the CIT(Exemption) had not considered the assessee's replies and details provided in response to the show cause notice, leading to a decision to set aside the impugned orders and remit the matters for a fresh decision.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 137770 (ITAT-PUNE)
• Duration Of Justice: 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 20-06-2023
• Assessment Year: misc
• Appeal Filed On: 28-05-2023
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH, ‘A’ PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपील सं. / ITA Nos.656 & 657/PUN/2023 Akansha Social Welfare and Human Resource Development (Trust) Indraprastha Tower, C/o. Nursing College, Akola – 444 001 PAN : AACTA9547L Vs. CIT(Exemption), Pune Appellant Respondent आदेश / ORDER PER R.S.SYAL, VP : These two appeals by the assessee arise out of the separate orders dated 31-03-2023 passed by the CIT(A) in National Faceless Appeal Centre, Delhi u/s.250 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) denying registration u/s.12AB and also approval u/s.80G(5) of the Income Tax Act, 1961. 2. At the outset, the ld. AR submitted that the assessee was granted provisional registration on 07-04-2022. Thereafter, the Assessee by Shri Nilesh Patel & Ms. Aayushi Jain Revenue by Shri Keyur Patel, CIT-DR Date of hearing 21-06-2023 Date of pronouncement 22-06-2023 ITA Nos.656 & 657/PUN/2023 2 assessee had applied for final registration in Form No.10AB. The ld.CIT(E) issued the show cause notice dated 06-03-2023 calling for certain details. The assessee gave the reply furnishing all the relevant details. The assessee also submitted written submissions through e-mail along with some annexures attached. However, the order was passed rejecting the application for registration without considering or even making a mention of the same in the impugned order. 3. After hearing both the sides and perusing the relevant material on record, it is seen that the ld.CIT(E), in para No.2.3 has noted that “The notice was duly served on the assessee through e- portal and email. However, the assessee neither submitted explanation to the show cause notice till date nor availed the opportunity of being heard”. He, therefore, presumed that the assessee had nothing to say and eventually rejected the registration u/s.12AB of the Act. There is no mention whatsoever in the impugned order of the reply and the details furnished by the assessee in support of its claim. Considering the entirety of facts and circumstances of the case, we are of the opinion that it would be just and fair if the impugned order is set-aside and the matter is remitted to the file of the ld. CIT(E) with a direction to decide the ITA Nos.656 & 657/PUN/2023 3 appeal afresh after allowing a reasonable opportunity of hearing to the assessee. We order accordingly. 4. Admittedly, the facts and circumstances of the other appeal, against the grant of approval u/s 80G, are mutatis mutandis similar to those of the first appeal. Following the view taken hereinabove, we set aside the impugned order and remit the same to the ld. CIT(E) for deciding the appeal afresh after allowing a reasonable opportunity of hearing to the assessee. 5. In the result, both the appeals are allowed for statistical purposes. Order pronounced in the Open Court on 22 nd June, 2023. Sd/- Sd/- ( S.S. VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; िदनांक Dated : 22 nd June, 2023 सतीश आदेश की ितिलिप अ ेिषत/Copy of the Order is forwarded to : 1. अपीलाथ / The Appellant; 2. थ / The Respondent 3. 4. 5. The CIT concerned DR, ITAT, ‘A’ Bench, Pune गाड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune ITA Nos.656 & 657/PUN/2023 4 Date 1. Draft dictated on 21-06-2023 Sr.PS 2. Draft placed before author 21-06-2023 Sr.PS 3. Draft proposed & placed before the second member JM 4. Draft discussed/approved by Second Member. JM 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *