THE SOLAPUR PYRAMID SPIRITUAL TRUST,SOLAPUR V. CIT EXEMPTION, PUNE

ITA 1533/PUN/2025

AI Insights

The case involves The Solapur Pyramid Spiritual Trust appealing against the rejection of their application for approval under section 80G(5) of the Income Tax Act, 1961, by the CIT (Exemption), Pune. The initial rejection was primarily due to the Trust's previous failure to secure registration under section 12A, which is essential for obtaining section 80G(5) approval. However, following a Tribunal's directive, the Trust was granted regular registration under section 12A, leading to the current appeal for reconsideration of their application under section 80G(5). The Tribunal, considering the circumstances and the legal precedents cited, decided to set aside the impugned order and remand the matter back to the CIT (Exemption) for a fresh examination.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 714254 (ITAT-PUNE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-08-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Assessment Year: misc
• Other Referred Cases: Collector, Land Acquisition vs. Master Katiji and Others, Inder Singh Vs State of Madhya Pradesh
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMIT BOBDE
• Assessee Lawyers: JASRAJ SUTAR
• Keywords: Condonation of delay; Set aside; Reasonable cause
• Section: 12A

Judgement Text

" आयकर अपीलीय अधिकरण \"बी\" न्यायपीठ पुणे में । IN THE INCOME TAX APPELLATE TRIBUNAL \"B\" BENCH, PUNE BEFORE Dr. MANISH BORAD, ACCOUNTANT MEMBER AND SHRI VINAY BHAMORE, JUDICIAL MEMBER आयकर अपील सं. / ITA No.1533/PUN/2025 धििाारण वर्ा / Assessment Year: 2026-2027 The Solapur Pyramid Spiritual Trust, Plot No. 77/78, Vaishnavi Residency Road, Flat No. 7 Hotgi Road Anthrolikar Nagar, Solapur-413003 Maharashtra PAN-AADTT9388F Vs CIT Exemption, Pune Appellant Respondent Assessee by : Shri Jasraj Sutar Revenue by : Shri Amit Bobde-CIT Date of hearing : 30.07.2025 Date of pronouncement : 07.08.2025 आदेश/ORDER PER DR. MANISH BORAD, ACCOUNTANT MEMBER :- This appeal at the instance of assessee is directed against the order of Ld. CIT(E), Pune on Form 10AB dated 20.03.2024 framed under second proviso to section 80G(5) of the Income Tax Act, 1961. 2. Registry has informed that the appeal is delayed by 384 days. Application for condonation of delay alongwith affidavit is placed on record. We have heard both the sides. We notice that the main reason of delay is that the consultant who was handling the matters related to registration u/s 12A of the Act was Printed from counselvise.com 2 ITA No.1533/PUN/2025 not available for filing the instant appeal. Admittedly the assessee’s are dependant upon the consultant for filing of appeals. Considering it to be a reasonable cause and also taking liberal approach in the light of in the light of judgement of Hon'ble Apex Court in the case of Collector, Land Acquisition vs. Master Katiji and Others(1987) 167 ITR 471(SC) (Supreme Court) The Hon’ble Apex Court & in the case of Inder Singh Vs State of Madhya Pradesh judgement dated 21.03.2025 (2025) INSC 382), we hereby condone the delay and admit the appeal for adjudication. 3. Sole issue raised by the assessee is against the rejection of application for approval u/s 80G(5) of the Act by Ld. CIT(E). 4. At the outset Ld. Counsel for the assessee submitted that main reason for rejection of application u/s 80G(5) of the Act was that the assessee’s application u/s 12A of the Act was previously rejected. He further submitted that the assessee again applied for registration u/s 12A of the Act and vide order dated 18.06.2025 framed u/s 12AB(1)(b) of the Act regular registration u/s 12A of the Act granted for the period A.Y. 2022-23 to A.Y. 2026-27. He therefore prayed that under these given facts the assessee should be provided one more opportunity of going before Ld. CIT(E) for getting approval u/s 80G(5) of the Act. 5. Ld. Departmental Representative (DR) though supported the order of Ld. CIT(E) but is fair enough in not objecting the request made by the Ld. Counsel for the assessee. 6. We have heard rival contentions and perused the record placed before us. The assessee filed an application for Printed from counselvise.com 3 ITA No.1533/PUN/2025 approval u/s 80G(5) of the Act on Form 10AB on 29.09.2023. One of the ground stated by Ld. CIT(E) for rejecting the application is that the assessee’s application for regular registration u/s 12A(1)(ac)(iii) of the Act was rejected vide order dated 20.03.2024. Subsequently when the assessee approached this Tribunal opportunity was granted for going back before CIT(E) and as per the direction given by this tribunal vide order dated 23.09.2024, Ld. CIT(E) carried out the proceedings and granted regular registration u/s 12A(1)(ac)(iii) vide order dated 18.06.2025 for the period A.Y. 2022-23 to 2023-27. Now in these given facts and circumstances since the assessee has been granted regular registration u/s 12A(1)(ac)(iii), we deem it appropriate to set aside the impugned order and direct Ld. CIT(E) to re-examine the assessee’s application filed for granting approval u/s 80G(5) of the Act. Needless to mention that proper opportunity of hearing shall be granted to the assessee. Assessee is also directed to remain vigilant and not to take adjournment unless otherwise required for reasonable cause. Effective grounds of appeal raised by the assessee are allowed for statistical purposes. 7. In the result appeal of the assessee is allowed for statistical purposes. Order pronounced on this 07th day of August, 2025. Sd/- Sd/- (VINAY BHAMORE) (MANISH BORAD) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; दििांक / Dated: 07th August, 2025. Neeta Printed from counselvise.com 4 ITA No.1533/PUN/2025 आिेश की प्रधिधलधप अग्रेधर्ि / Copy of the Order forwarded to: 1. अपीलार्थी / The Appellant. 2. प्रत्यर्थी / The Respondent. 3. The Pr. CIT concerned. 4. धवभागीय प्रधिधिधि, आयकर अपीलीय अधिकरण, \"बी\" बेंच, पुणे / DR, ITAT, \"B\" Bench, Pune. 5. गार्ा फाइल / Guard File. आिेशािुसार / BY ORDER, वररष्ठ धिजी सधचव / Sr. Private Secretary आयकर अपीलीय अधिकरण, पुणे / ITAT, Pune Printed from counselvise.com "