THE NAGAR VACHANALAYA VITA,SANGLI V. COMMISSIONER OF INCOME TAX, EXEMPTION, PUNE, PUNE

ITA 1806/PUN/2024

AI Insights

The case involves The Nagar Vachanalaya Vita, an appellant, contesting the decision of the Commissioner of Income Tax (Exemption), Pune, who rejected their application for registration under section 12A(1)(ac)(iii) of the Income Tax Act, 1961. The initial rejection was based on the assessee's failure to comply with requests for information and clarification regarding the genuineness of its activities and compliance with other laws. The tribunal found that despite the assessee's non-compliance, it would be just to allow another opportunity for the assessee to present its case and rectify any discrepancies.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 470487 (ITAT-PUNE)
• Duration Of Justice: 3 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-12-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 29-08-2024
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMOL KHAIRNAR
• Assessee Lawyers: DEEPA KHARE
• Keywords: Set aside; Opportunity of being heard; Corroborative evidences
• Section: 12A

Judgement Text

"ITA No.1806/PUN/2024 आयकर अपीलीय अधिकरण \" A\" न्यायपीठ पुणे में । IN THE INCOME TAX APPELLATE TRIBUNAL \"A\" BENCH, PUNE BEFORE SHRI RAMA KANTA PANDA, VICE PRESIDENT AND MS. ASTHA CHANDRA, JUDICIAL MEMBER आयकर अपील सं. / ITA No.1806/PUN/2024 धििाारण वषा / Assessment Year: NA The Nagar Vachanalaya Vita, Choundeshwari Chowk Vita Lengare Road, Khanapur, Sangli - 415311 Maharashtra PAN NO. AACTT7103R Vs CIT EXEMPTION, PUNE Appellant/Assessee Respondent/Revenue Assessee by Smt. Deepa Khare Department by Shri Amol Khairnar CIT-DR Date of hearing 25/11/2024 Date of Pronouncement 29/11/2024 आदेश / ORDER PER MS. ASTHA CHANDRA, JM The appeal filed by the assessee is directed against the order dated 24.07.2024 of the Ld. Commissioner of Income Tax (Exemption), Pune [“CIT(E)”] whereby he rejected the application of the assessee filed before him in Form No. 10AB on 13.01.2024 under section 12A(1)(ac)(iii) of the Income Tax Act, 1961 (The “Act”). 2. The assessee has raised the following grounds of appeal:- “1. The Ld CIT Exemption erred in law and on facts in rejection of application for registration u/s 12A(1)(ac) (iii) and cancelling provisional registration granted on 27.05.2021 without considering ITA No.1806/PUN/2024 2 the facts and circumstances of the case. The appellant prays for opportunity so as to explain its case. 2. The appellant is duly complying with provisions of the Act and registration u/s 12A may kindly be granted. 3. The appellant craves leave to add, alter, modify or substitute any ground of appeal at the time of hearing.” 3. Briefly stated, the facts of the case are that on receipt of application filed in Form 10AB under section 12A(1)(ac)(iii) of the Act alongwith annexures thereto, with a view to verify the genuineness of activities of the assessee etc, the Ld. CIT(E) issued notice on 22.03.2024 requiring the assessee to upload certain information/clarification such as date of commencement of activity with proof, date of expiry of provisional registration, details of any other law applicable for achievement of objectives and the proof of compliance of such law, proof of identity of the main trustee/managing trustees/Directors/President/Secretary of the institution, list of donations, note on activities, etc. under the provisions of section 12AB of the Act. The compliance was sought by 08.04.2024. The notice was served through e-portal and e-mail. However, the assessee failed to respond. Another notice was therefore issued on 24.04.2024 which was duly served through e-portal seeking compliance by 02.05.2024. On verification of details submitted by the assessee in response to the said notice and the documents submitted alongwith the application, various discrepancies were noticed by the Ld. CIT(E) resulting in issuance of another show cause notice on 11.07.2024 communicating the said discrepancies thereof. The assessee was requested to show cause as to why the application should not be rejected and why the registration granted under section 12AB of the Act should not be cancelled. The assessee was specifically informed that in the event of failure to comply by 18.07.2024, the application shall be liable to be rejected and the provisional registration shall also be liable to be cancelled. ITA No.1806/PUN/2024 3 The show cause notice was duly served through e-mail portal/e- mail. The assessee however, neither submitted any explanation to the said show cause notice nor availed the opportunity of being heard which lead the Ld. CIT(E) to presume that the assessee has nothing to say in the matter. 4. In view of the facts narrated above, the Ld. CIT(E) proceeded to pass the impugned order rejecting the application filed by the assessee and also cancelling the provisional registration granted on 27.05.2021 to the assessee, observing as under:- “7. Considering the above facts discussed in the show notice and discrepancies noticed and also that the assessee has not complied with the provisions of section 12AB(1)(b)(i) of the Income Tax Act, 1961 as well as the provisions of Rule 17A(2) of Income Tax Rules, 1962 in spite giving sufficient opportunities, the undersigned is unable to draw any satisfactory conclusion about the genuineness of activities of the assessee and compliance of requirements of any other law for the time being in force by the assessee as are material for the purpose of achieving its objects.” 5. Dissatisfied, the assessee is in appeal before the Tribunal. 6. The Ld. AR submitted that there was no intentional non- compliance before the Ld. CIT(E). The assessee submitted its response to the 2nd show cause notice based on which the Ld. CIT(E) noted certain discrepancies which were communicated to the assessee followed by issuance of another show cause notice on 11.07.2024. However, the assessee could not file its response by the due date of 18.07.2024 and the Ld. CIT(E) proceeded to pass the impugned order on 24.07.2024 in the absence of the same. She, therefore, pleaded that an opportunity may be granted to the assessee to present its case before the Ld. CIT(E). The Ld. AR also submitted that given an opportunity the assessee is in a position to submit all the requisite details/documentary evidence in support of its ITA No.1806/PUN/2024 application including the details on the discrepancies cited by the Ld. CIT(E). The Ld. DR therefore, requested that the matter may be set aside to the file of the Ld. CIT(E) to consider the assessee’s application afresh. 7. The Ld. DR, on the other hand supported the order of the Ld. CIT(E) and submitted that the assessee was granted adequate opportunity by the Ld. CIT(E) to present its case, still the assessee failed to comply to prove the genuineness of the activities of trust to the satisfaction of the Ld. CIT(E) by filing the supporting evidence thereof. The Ld. CIT(E) was, therefore, fully justified in rejecting the assessee’s application for regular registration and cancelling the provisional registration. 8. We have considered the rival submission and perused the records. On the facts and in the circumstances of the assessee’s case, we are of the view that it would be judicially prudent and in the interest of justice and fair play if the matter is restored back to the file of Ld. CIT(E) to consider afresh the assessee’s application for registration under section 12A(1)(ac)(iii) of the Act in accordance with facts and law after allowing one more opportunity of being heard to the assessee and present its case. The assessee shall provide requisite support in terms of submitting the relevant details/documentary evidence as may be required/called upon on the appointed date failing which the Ld. CIT(E) shall be at liberty to pass appropriate order as per facts and law. We order accordingly. 9. In the result, the appeal of the assessee is treated as allowed for statistical purposes. 4 ITA No.1806/PUN/2024 5 Order pronounced in the open court on 29th November, 2024. Sd/- Sd/- (R.K. PANDA) (ASTHA CHANDRA) VICE PRESIDENT JUDICIAL MEMBER पुणे/Pune; ददिांक /Dated : 29th November, 2024 आदेश की प्रधिधलधप अग्रेधषि/ Copy of the Order forwarded to: 1. अपीलार्थी /Appellant 2. प्रत्यर्थी / Respondent 3. The CIT (Exemption), Pune. 4. धवभागीय प्रधिधिधि, आयकर अपीलीय अधिकरण, “A” बेंच, पुणे/DR, ITAT, “A” Bench, Pune. 5. गार्ा फाइल/Guard File आदेशािुसार/BY ORDER //True Copy// पुणे/Pune Senior Private Secretary आयकर अपीलीय अधिकरण, पुणे / ITAT, Pune "