2025 (9) TMI 573

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....gistration under section 12AB of the Income-tax Act, 1961 [hereinafter referred to as "the Act"] dated 17.08.2023, and the other for approval under section 80G(5) of the Act dated 24.08.2023. As common facts and issues are involved, both appeals were heard together and are being disposed of by way of this consolidated order. Condonation of Delay 2. At the outset, it is noted that there is a delay of 554 days in filing both appeals before the Tribunal. The assessee has filed sworn affidavits of the trustee explaining the reasons for such delay, stating inter alia that due to lack of technical knowledge, the trustees relied upon a part-time accountant-cum-clerk to attend to the statutory compliances. The said person, however, failed to ....

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..... Facts of the Case 6. The assessee trust was incorporated on 15.09.2022 under the Bombay Public Trust Act, 1950. It applied for provisional registration under section 12AB in Form 10AC on 03.01.2023, which was granted on 19.01.2023. Subsequently, on 20.02.2023, the assessee applied for final registration in Form 10AB under section 12A(1)(ac)(iii). The CIT(E) issued notices dated 11.07.2023 and 04.08.2023 calling for specific details including a note on activities and other supporting documents as per Rule 17A(2). According to the CIT(E), no response was furnished. 7. The CIT(E) observed that as per section 12AB, before granting registration, the Commissioner must be satisfied about the genuineness of activities and their consonanc....

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....ithin stipulated time against rejection order, hence we will require permission for condonation of delay in filing appeal. 3. Appellant craves to add, alter or delete any grounds either before or in the course of hearing of the appeal IN ITA No.1019/Ahd/2025 1. Learned CIT (Exemption) erred in law and facts by making the order by rejecting the application filed in form 10AB for registration u/s 80G(5) of the IT act for not producing documents required by the authority. 2. Due to noncompliance by the side of Accountant, documents are pending to produce against the notice issued by the authority and not submitted appeal within stipulated time against rejection order, hence we will require permission for con....

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....tion on the ground of non-furnishing of certain details called for under Rule 17A(2). The assessee has now placed on record the audited accounts, ledger extracts, and details of donations, which are relevant to examine the genuineness of its activities. In our considered view, the ends of justice would be met if the matter is restored to the CIT(E) to examine the evidences and decide the application afresh in accordance with law after granting adequate opportunity to the assessee. As regards the application u/s 80G, the CIT(E) has rejected it solely on the ground that the assessee did not have valid registration u/s 12AB. Since we are setting aside the order rejecting the application u/s 12AB, the fate of the 80G application would also d....