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TMI Blog2024 (6) TMI 324X X X X Extracts X X X X X X X X Extracts X X X X ..... e expenditure claimed by the assessee in the assessment made u/s 143(3) of the Act dt. 26.03.2024 Thus, it is not under dispute that the assessee is not doing the charitable activity and therefore, in the last occasion the assessee could not supply the information and therefore, we are of the considered view that assessee in the interest of justice require one more opportunity to be heard on merits before the ld. CIT(E). Thus, we set aside the matter before the ld. CIT(E) who decide the issue based on the submission of the assessee and after providing proper opportunity of being heard to the assessee and making necessary enquiry in accordance with the law. Appeal of the assessee is allowed for statistical purposes. - Dr. S. Seethalakshmi, JM And Shri Rathod Kamlesh Jayantbhai, AM For the Assessee : Sh. P.C. Parwal (C.A.) For the Revenue : Sh. Arvind Kumar (CIT) ORDER PER: RATHOD KAMLESH JAYANTBHAI, AM This appeal is filed by the assessee aggrieved from the order of the Learned Commissioner of Income Tax (Exemption), Jaipur [ herein after referred as ld. CIT(E) ] dated 22.03.2023 as per provision of under Section 12AB of the Income Tax Act[ here in after the Act]. 2. In this appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the geniuses of the activities could not be proved. 4. That the assessee company has net loss of Rs. 5,569/- and I was given an impression that no appeal is required to be filed as the income of the company is at loss. 5. That the company received a show cause notice dt. 06.03.2024 for A.Y 2022-23 whereby it is proposed to assess the income at Rs. 26,97,148/- by treating the total receipt as business income. That on receipt of such notice when my reg lar counsel CA Tushar Sharma, proprietor M/s Tushar Sharma Company, Chartered Accountants approached CA P.C. Parwal of M/s Kalani Company on 07.03.2024, it was advised to file appeal against the order of CIT(E) dt. 22.03.2023 with a request to condone the delay in filing the appeal. 6. That the facts stated in Para 1 to 5 above are true and correct to the best of my knowledge and belief. 3.2 The ld. AR of the assessee appearing in this appeal vehemently supplied emphasized on para 3,4 5 of the affidavit and submitted that the assessee should not punished on the fault of the advice given by earlier counsel. Based on that contention he supported the delay of 296 days saying that the assessee has sufficient cause and prayed to condone th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vide letter/notice No. ITBA/EXM/F/EXM43/2022-23/1050441943(1) dated 06.03.2023 requesting to submit the response by 10.03.2023. However, this time, the assessee didn't furnish any response. Since it is a limitation matter, the case is decided on the basis of material placed on record and application of the assessee in Form 10AB for registration u/s 12A was rejected and the relevant part of the order of the ld. CIT(E) is reproduced here in below : 2.1. It is important to mention here that while examining the claim of the assessee u/s 12AB of I.T. Act, the Commissioner of Income-tax has been empowered to call for such documents or information from the trust or institution as he thinks necessary in order to satisfy himself about the genuineness of activities of the trust or institution and may also make such inquiries as he may deem necessary in this behalf. Under such powers vested in CIT (E), the applicant was asked to file the following details vide this office letter dated 21.12.2022 and 06.03.2023 which is reproduced as under:- Furnish complete reply of the questionnaire dated 21/12/2022. Furnish bank account statement of the institution for the last three years/since incepti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee seeking permanent registration on the ground that assessee failed to comply with the notice and prove the genuineness of its activities as assessee has not furnished the bank account statement, complete reply of questionnaire dt. 21.12.2022, financial statements of assessee since inception, evidence of expenditure incurred on charitable activities and details of other income received by the assessee. 3. Against the order of Ld. CIT(E) assessee filed the appeal before Hon'ble ITAT on 12.03.2024 along with the affidavit explaining the reasons for delay of 296 days in filing the appeal before Ld. CIT(E). It is therefore requested that the delay be condoned and the appeal be admitted for hearing. 4. It is submitted that the assessee company was incorporated on 20.03.2021 and filed application for permanent registration on 06.09.2022, Along with the application it has filed the financial statement for the period 20.03.2021 to 31.03.2022 (PB 14-18). Thus it is incorrect on part of CIT(E) to held that final accounts since inception is not filed. The bank account details were also submitted in the application form. From the financial account it can be noted that during the year un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Details of donation received along with sample donation receipts 19-51 6. Copy of ledger account of Food Expenses for Poor along with the bills 52-82 7. Copy of ledger account of donation paid along with the receipt 83-84 8. Copy of ledger account of repair Maintenance along with the Bills 85-96 9. Details of salary paid along with the ledger account 97-98 10. Copy of assessment order dt. 26.03.2024 passed u/s 143(3) of the Act for AY 2022-23 99-104 8. During the course hearing, the ld. AR of the assessee submitted that the assessment in this case was made u/s. 143(3) of the Act determining the Nil income. He submitted that before ld. CIT(E) the assessee already made part compliance. The notice issued on 06.03.2023 remained unattended and has relied on the written submission made in this appeal. 9. Per contra, the ld. DR relied on the order of the ld. CIT(E) and submitted that even though four opportunities were given to the assessee who had not submitted required details. The petition to consider the additional evidence cannot be entertained as the same has not been tested by the lower authority. As regards the contention that the assessee has submitted all the details before the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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