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2025 (4) TMI 851

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..... re heard together and are being disposed of by this common order. ITA No.145/PUN/2025 2. Facts of the case, in brief, are that the assessee filed an application in Form No.10AB on 12.07.2024 for registration of the trust under clause (iii) of section 12A(1)(ac) of the Act. With a view 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 trust / institution as are material for the purpose of achieving its objects, a notice was issued through ITBA portal on 02.09.2024 requesting the assessee to upload certain information / clarification. In response to the same, the assessee filed certain details. While going through the said details, the Ld. CIT(E) n .....

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..... as are material for the purpose of achieving its objects. 7. In view of the above, the application filed by the assessee is hereby rejected and the provisional registration granted on 04/10/2023 under section 12AB read with section 12A(1)(ac) (vi) of the Income Tax Act, 1961 is hereby cancelled." 3. Similarly, in absence of any registration u/s 12A or 12AB or approval u/s 10(23C) of the Act and in absence of any submission filed by the assessee in response to the notice issued, he rejected the application for approval u/s 80G of the Act. 4. Aggrieved with such order of Ld. CIT(Exemption), the assessee is in appeal before the Tribunal. 5. The Ld. Counsel for the assessee submitted that the assessee has filed all the relevant details .....

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..... its case by filing the requisite details before the CIT(E) to his satisfaction. Considering the totality of the facts of the case and in the interest of justice, we deem it proper to restore the issue to the file of the CIT(Exemption) with a direction to grant one final opportunity to the assessee to substantiate its case by filing the requisite details to his satisfaction and decide the issue as per fact and law. The assessee is also hereby directed to submit the details as called for by the CIT(E) on the appointed date without seeking any adjournment under any pretext, failing which the CIT(Exemption) is at liberty to pass appropriate order as per law. We hold and direct accordingly. The grounds raised by the assessee are accordingly allo .....

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