SHREE SAI FOUNDATION TRUST,THANE V. CIT (EXEMPTIONS), PUNE, PUNE

ITA 1499/MUM/2025

AI Insights

The case involves Shree Sai Foundation Trust appealing against the decision of the Commissioner of Income Tax (Exemptions), Pune, which rejected their application for registration under section 12A of the Income Tax Act, 1961. The primary contention was the alleged violation of natural justice by not providing sufficient opportunity to submit necessary details and documents. The Tribunal found that the CIT (Exemptions) had not adequately considered the documents submitted by the trust and had not provided sufficient time for compliance with the final show cause notice. Consequently, the Tribunal decided to grant another opportunity to the trust to present its case and directed a de novo adjudication.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 126136 (ITAT-MUMBAI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-04-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KISHOR DHULE
• Assessee Lawyers: BHUPENDRA SHAH
• Keywords: Set aside; Principle of natural justice
• Section: 12AA; 12A; 20

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI NARENDRA KUMAR BILLAIYA, ACCOUNTANT MEMBER SHRI SANDEEP SINGH KARHAIL, JUDICIAL MEMBER ITA No.1499/MUM/2025 Shree Sai Foundation Trust, B-401, Shri Omkar Palace CHS, Lodha Complex, Indraprastha Gate, Navghar Maharashtra - 401105 PAN : ABBTS0640Q ............... Appellant v/s CIT (Exemptions) 322, Income Tax Office, PMT Building, Shankar Seth Road, Maharashtra - 411037 ……………… Respondent Assessee by : Shri Bhupendra Shah Revenue by : Shri Dr. Kishor Dhule, CIT-DR Date of Hearing – 23/04/2025 Date of Order - 24/04/2025 O R D E R PER SANDEEP SINGH KARHAIL, J.M. The assessee has filed the present appeal challenging the impugned order dated 10.12.2024, by the learned Commissioner of Income Tax (Exemptions) –Pune, [“learned CIT(E)”], rejecting the application filed by the assessee in Form 10AB for seeking registration under section 12A of the Income Tax Act, 1961, (“the Act”). ITA No.1499/Mum/2025 2 2. The present appeal is delayed by 20 days. Along with the appeal, the assessee has filed an application seeking condonation of delay, which is duly supported by an affidavit of the Trustee of the assessee-trust. 3. Having considered the submission made in the affidavit, we are of the considered view that there was a sufficient cause, which prevented the assessee from filing the present appeal within the prescribed limit period. Accordingly, we condone the delay in filing the appeal by the assessee and proceed to decide the same on merits. 4. In this appeal, the assessee has raised the following grounds: - “1. Based on the facts and circumstances of the case, and in accordance with the law, the Learned CIT (Exemptions), Pune erred in not granting sufficient opportunity to the appellant, to submit the details, thereby violating the principles of natural justice. 2. Based on the facts and circumstances of the case, and in accordance with the law, the Learned CIT (Exemptions), Pune in not acknowledging the documents submitted in response to the Final SCN issued on 26/11/2024 with compliance date 03/12/2024 (only 6 days). 3. Based on the facts and circumstances of the case, and in accordance with the law, the Learned CIT (Exemptions), Pune failed to consider the documents submitted in response to the Notice Dt 26/11/2024, which prove the trust's charitable activities, and rejected the 12A application on the technicality of not submitting the details.” 5. During the hearing, the learned Authorised Representative (“learned AR”) submitted that due to some miscommunication between the assessee- trust and its counsel, the requisite details as sought by the learned CIT(E) could not be furnished. The learned AR submitted that given another opportunity, the assessee will furnish all the documents as sought before the learned CIT(E). ITA No.1499/Mum/2025 3 6. From the perusal of the impugned order, we find that the learned CIT(E) issued notice to the assessee on 15.07.2024 seeking information/clarification, as noted at pages 3-7 of the impugned order, in order to verify the genuineness of the activities of the assessee and compliance to requirements of any other law for the time being in force by the assessee. We find that the learned CIT(E) issued another notice to the assessee on 26.11.2024, seeking certain further information from the assessee. After considering the response of the assessee to the said notice, the learned CIT(E) rejected the application filed by the assessee on the basis that the assessee was not registered under section 12A/ section 12AA of the Act prior to 01.04.2021. The impugned order is silent on any other information, if any, filed by the assessee before the learned CIT(E). 7. Having considered the submissions and perused the material available on record. We are of the considered view that in the interest of justice, the assessee be hereby granted one more opportunity to represent its case before the learned CIT(E). Accordingly, we deem it appropriate to restore the application filed by the assessee in Form 10AB for seeking registration under section 12A of the Act to the file of the learned CIT(E) for de novo adjudication as per law after providing the reasonable and adequate opportunity of hearing to the assessee. The assessee is also directed to furnish all the information as may be sought by the learned CIT(E) without any default. With the above directions, the impugned order is set aside, and the grounds raised by the assessee are allowed for statistical purposes. ITA No.1499/Mum/2025 4 8. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open Court on 24/04/2025 Sd/- NARENDRA KUMAR BILLAIYA ACCOUNTANT MEMBER Sd/- SANDEEP SINGH KARHAIL JUDICIAL MEMBER MUMBAI, DATED: 24/04/2025 Prabhat Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The PCIT / CIT (Judicial); (4) The DR, ITAT, Mumbai; and (5) Guard file. By Order Assistant Registrar ITAT, Mumbai "