2025 (1) TMI 452

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....), Ahmedabad [in short, 'CIT(E)'], wherein the CIT(E) rejected assessee's application for registration of trust u/s 12AB of the Income-tax Act (in short, 'the Act') and also cancelled the provisional registration u/s 80G(5) of the Act. With consent of both parties, all appeals are clubbed and heard together and decided by a common order for the sake of convenience and brevity. The case of Surat Diamond Cutting and Polishing Cluster SVP Trust in ITA No. 1124/SRT/2024 is taken as the "lead case". 2. The facts of the case in brief are that the assessee filed an application for registration/incorporation in Form No.10AB u/s 12A(1)(ac)(iii) of the Act. The assessee-trust had earlier been granted order for provisional approval. In respect of t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... details. He argued that principles of natural justice has not been adhered to. The ld. AR submitted that the assessee is ready to submit relevant documents and details before the CIT(E) and hence he requested that the matter may be remitted back to the file of the CIT(E) for fresh adjudication. 4. On the other hand, the learned Commissioner of Income-tax - Departmental Representative (ld. CIT-DR) for the revenue submitted that reasonable cost may be imposed, if the matter is remitted to the file of CIT(E). 5. We have heard both the parties and perused the record. We find that the CIT(E) has decided the matter ex parte due to non-compliance by the applicant to the two notices issued by him. There was also no adjournment request by the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..../SRT/2024 (AY.2021-22): 7. Since the assessee did not file the requisite details, despite two notices issued by the CIT(E), the application filed in Form No.10AB for approval u/s 80G(5)(iii) of the Act was rejected and the provisional approval was also cancelled. Facts of the case are similar and the reasons given by the CIT(E) for rejecting the application are similar. We have already set aside the case of the appellant to the file of CIT(E) in respect of rejection of application for registration of the assessee-trust in ITA No.1124/SRT/2024 decided above. Following the same reason, this case is also remitted to the file of CIT(E) for fresh adjudication after granting reasonable opportunity of being heard to the assessee. 8. In the r....