Tribunal Restores Application for Tax Exemption; Rules Rejection Violated Natural Justice Due to Lack of Explanation.

The ITAT set aside the impugned order dated 16.03.2023, which rejected the petitioner's application for registration under Section 12AB of the Income Tax Act due to incorrect filing of Form-10A. The Tribunal found that the rejection violated principles of natural justice as no reasons were provided. The application is restored for reconsideration by the CIT (Exemption), Hyderabad, with instructions to offer the petitioner a reasonable opportunity for a hearing before making a decision. The writ petition is thus disposed of with these directions.

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Issues involved:
The issue involved in this case is the rejection of the petitioner's application for registration under Section 12AB of the Income Tax Act due to filing Form-10A in the wrong section code for the Assessment Year 2022-23.

Details of the Judgment:

Issue 1: Rejection of application for registration under Section 12AB

The petitioner's application for registration under Section 12AB was rejected due to filing Form-10A in the wrong section code for the Assessment Year 2022-23. The impugned order dated 16.03.2023 rejected the application without providing a reason, which goes against the principles of natural justice. The Managing Trustee of Parmeswari Bai Memorial Trust had furnished an explanation regarding Form-10A as per Annexure-7 Series dated 20.12.2022, but this explanation was not considered properly by the Commissioner of Income Tax (Exemption), Hyderbad. Therefore, the order dated 16.03.2023 stands set aside, and the application for registration under Section 12AB is restored for reconsideration by the Commissioner of Income Tax (Exemption), Hyderbad with a direction to provide a reasonable opportunity of hearing to the assessee before making a decision.

Conclusion:
The writ petition is disposed of with the observation and direction mentioned above.

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