Universe Art Foundation Vs CIT (Exemption) (ITAT Bangalore)
80G Approval Denial Set Aside for Lack of Adequate Opportunity: ITAT Bangalore Restores Matter to CIT(E)
ITAT Bangalore n set aside the rejection of approval u/s 80G(5) where the trust’s application in Form 10AB was rejected on the ground of non-furnishing of certain documents. Tribunal noted that the sole basis for rejection by CIT(E) was alleged non-submission of audit reports, bank statements & supporting evidences, while the assessee contended that it had appeared on the scheduled hearing date & submitted requisite details, & that earlier notice was received after the hearing date. Observing that approval was denied without granting effective opportunity, & even the Revenue fairly conceded for remand, ITAT restored the matter to the file of CIT(E) to decide afresh in accordance with law after granting reasonable opportunity of being heard. The assessee was directed to furnish all relevant documents, with a caution that no leniency would be shown in case of further default. Appeal partly allowed for statistical purposes.
FULL TEXT OF THE ORDER OF ITAT BANGALORE
This appeal at the instance of the assessee is directed against the order of ld. CIT(Exemption) dated 21.6.2025 vide DIN & Notice No. ITBA/EXM/F/EXM45/2025-26/1077316446(1) rejecting the approval u/s 80G of the Income Tax Act, 1961 (in short “the Act”).
