Surat Diamond Cutting & Polishing Cluster SPV Trust Vs CIT (Exemption) (ITAT Surat)
ITAT Surat imposed cost of Rs. 10,000 on the applicant for non-furnishing of requisite details post application for registration filed in Form No.10AB. Accordingly, matter remanded back to the file of CIT(E).
Facts- The assessee filed an application for registration/incorporation in Form No.10AB u/s 12A(1)(ac)(iii) of the Act. Accordingly, the assessee-trust was asked by CIT(E) to file details/documents vide notice dated 23.07.2024 and 23.08.2024. The applicant did not file any submission nor sought any adjournment in response to the said notices. In absence of the requisite details, CIT(E) rejected the application filed in Form No.10AB and the provisional registration was also cancelled. Aggrieved by the order of CIT(E), the assessee filed present appeal before the Tribunal.
Conclusion- Held that in these appeals, the CIT(E) has issued two notices of hearing which were not complied with. The assessee-trust had also not requested for adjournment. Hence, the application for registration filed in Form No.10AB u/s 12A(1)(ac)(iii) and the application filed in Form No.10AB for approval u/s 80G(5)(iii) of the Act were rejected and the provisional approval was also cancelled. Facts of the case and the reasons given by the CIT(E) for rejecting the application are similar as in ITA No.1124/SRT/2024, decided above. We have already set aside the above case 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, these two appeals are also remitted to the file of CIT(E) subject to the cost of Rs.10,000/- (Rupees ten thousand only) to the credit of “Gujarat High Court Legal Aid Authority” within 2 weeks from receipt of this order. Subject to the payment of the above cost, we set aside the orders of CIT(E) and remit the matter to the file of CIT(E) for fresh adjudication after granting reasonable opportunity of being heard to the assessee.
