PRECIHOLE FOUNDATION,THANE V. DCIT EXEMPTION, PUNE, PUNE

ITA 883/PUN/2025

AI Insights

The case involves Precihole Foundation, which appealed against the rejection of its applications for regular registration under section 12AB(1)(ac)(iii) and approval under section 80G(5) of the Income Tax Act. The applications were initially rejected by the ld.CIT(E) due to non-compliance with requests for additional details and failure to address discrepancies noted in the applications. The Tribunal, after hearing the Departmental Representative and reviewing the records, decided to remit the matter back to the ld.CIT(E) for a fresh examination, emphasizing the need for a fair opportunity for the appellant to present its case.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 315853 (ITAT-PUNE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-05-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2024-2025
• Laws Referred To: Section 12AB(1)(ac)(iii) of the Income Tax Act, Section 80G(5) of the Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B.Y.CHAVAN
• Keywords: Set aside; Reasonable cause
• Section: 2

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES “B”, PUNE BEFORE DR.MANISH BORAD, ACCOUNTANT MEMBER AND SHRI VINAY BHAMORE, JUDICIAL MEMBER आयकर अपील सं. / ITA Nos.882 and 883/PUN/2025 Precihole Foundation, 524, Bhoomi Industrial Estate, Pimpalghar Ranjnoli, Kalyan Bhiwandi Road, Thane – 421311, Maharashtra PAN : AANCP0494K Vs. DCIT (Exemption), Pune Appellant Respondent आदेश / ORDER PER DR. MANISH BORAD, ACCOUNTANT MEMBER : The captioned two appeals at the instance of assessee are against the rejection of applications for regular registration u/s.12AB(1)(ac)(iii) and approval u/s.80G(5) of the Act respectively framed by ld.CIT(E) dated 17.03.2025 and 22.11.2024 respectively. 2. None appeared on behalf of the assessee despite due service of notice of hearing. With the assistance of Ld. Departmental Representation, we have perused the record and notice that the assessee filed an applications for registration u/s.12A(1)(ac)(iii)/80G(5)(iii) of the Act by filing Form 10AB on 17.03.-2025 and 22.11.2024 respectively. Thereafter, ld.CIT(E) called for various details mentioned in pages 3 to 7 of the impugned order. Though there was partial compliance but thereafter, ld.CIT(E) rejected the applications for registration Appellant by : None Respondent by : Shri B.Y. Chavan Date of hearing : 14.05.2025 Date of pronouncement : 16.05.2025 ITA Nos.882 and 883/PUN/2025 Precihole Foundation 2 u/s.12A of the Act as well as approval u/s.80G(5) stating that the assessee has not furnished any explanation to the discrepancies communicated to it. Therefore, it is presumed that assessee has nothing to say in the matter. 3. Having heard the ld. Departmental Representative, perusing the record placed before us and considering the facts and circumstances of the case, we deem it appropriate to remit the issue of regular registration u/s.12A of the Act as well as approval u/s.80G(5) of the Act to the file of ld.CIT(E) for denovo adjudication. Needless to say that ld.CIT(E) shall afford reasonable opportunity to the appellant to prove the genuineness of the activities. Assessee can make necessary submissions with regard to the grounds of appeal raised before us. After considering the submissions of the assessee, ld.CIT(E) shall decide the assessee’s applications in accordance with law by passing a speaking order. Assessee is directed to provide latest email id and contact detail to the department for receiving the notices from ITBA portal. Assessee is also directed to remain vigilant and not to take unnecessary adjournment unless otherwise required for reasonable cause. Impugned orders are set aside and the effective grounds of appeal raised by the assessee in both the appeals are allowed for statistical purposes. 4. In the result, both the appeals of the appellant are allowed for statistical purposes. Order pronounced on this 16th day of May, 2025. Sd/- Sd/- (VINAY BHAMORE) (MANISH BORAD) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; \u0001दनांक / Dated : 16th May, 2025. Satish ITA Nos.882 and 883/PUN/2025 Precihole Foundation 3 आदेश क\u0002 \u0003ितिलिप अ ेिषत / Copy of the Order forwarded to : 1. अपीलाथ / The Appellant. 2. \u000eयथ / The Respondent. 3. The Pr. CIT concerned. 4. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, “B” ब\u0014च, पुणे / DR, ITAT, “B” Bench, Pune. 5. गाड\u0004 फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune. "