2023 (2) TMI 170 - AT - Income Tax

Registration u/s 12AB r/w section 80G(5)(iii) - application in Form 10AB was rejected by the learned CIT - HELD THAT - We find that the CIT in order to verify the genuineness of the activities of the assessee and fulfilment of conditions laid down in section 80G(5) of the Act, issued notice through ITBA portal on 02/08/2022 requesting the assessee to upload certain information/verification. CIT granted another opportunity to the assessee vide notice dated 16/09/2022 to make necessary compliance and furnish the information sought. However, in absence of any submission of the assessee, the learned CIT proceeded to pass the impugned order rejecting the application made by the assessee in Form 10AB. In the interest of natural justice, the assessee should be provided with one more opportunity to present its case before the learned CIT. Accordingly, we set aside the impugned order and direct the learned CIT to de novo consider the application of the assessee trust as per law. As a result, sole ground raised by the assessee is allowed for statistical purposes.

Summary

Issues:
Challenge to impugned order dated 29/09/2022 under section 12AB r/w section 80G(5)(iii) of the Income Tax Act, 1961.

Analysis:
The appeal was filed by the assessee challenging the order passed by the Commissioner of Income Tax (Exemption) under sections 12AB and 80G(5)(iii) of the Income Tax Act, 1961. The delay of 10 days in filing the appeal was condoned in the interest of justice, with no objections raised by the Departmental Representative. The assessee raised grounds questioning the legality of the order passed by the Commissioner, alleging lack of judicial application, denial of reasonable opportunity to be heard, and rejection based on a technicality without considering the granted registration under section 12AB.

The brief facts of the case revealed that the assessee trust was registered under the Bombay Public Trust Act, 1950 and under section 12A(1)(ac)(i) of the Act. The trust applied for registration under section 80G(5)(iv), which was approved, leading to the issuance of a provisional registration certificate. Subsequently, the application in Form 10AB was rejected by the Commissioner under the amended provisions of section 12AB r/w section 80G(5)(iii). The Commissioner issued notices to the assessee requesting specific information and compliance, but due to the absence of submissions, the application was rejected.

Upon hearing both sides and examining the available material, the Tribunal found that the assessee should be given another opportunity to present its case before the Commissioner in the interest of natural justice. The impugned order was set aside, directing the Commissioner to reconsider the application of the assessee trust in accordance with the law. Consequently, the sole ground raised by the assessee was allowed for statistical purposes, and the appeal was allowed accordingly.

In conclusion, the Tribunal granted relief to the assessee by setting aside the impugned order and directing a fresh consideration of the application, emphasizing the importance of providing a fair opportunity for the assessee to present its case before the tax authorities.