Shriram Paropkari Trust Vs CIT Exemption (ITAT Jaipur)
ITAT Jaipur held that since reasons for incomplete details in Form No. 10AB are curable in nature, assessee is given one more chance to advance documents before CIT(E) as to application for registration u/s. 12AB. Accordingly, matter restored for fresh registration.
Facts- The present appeals are filed by assessee and are arising out of the order of the Learned Commissioner of Income Tax (Exemption), Jaipur passed u/s. 12AB and 80G of the Income Tax Act, 1961 both dated 29.11.2024 respectively. Notably, the application for registration u/s. 12AB was rejected by CIT(E).
Conclusion- Held that since the registration under the RPT Act is under finalization and reasons for incomplete details in Form no. 10AB, are also curable reasons as the assessee – applicant will submit the copy of registration certificate and completed form in physical to the file of the ld. CIT(E) if the matter is remanded back to the file of the ld. CIT(E). So far as the last reasons ld. AR of the assessee submitted that the required details are available but due to short time they could not be submitted before the ld. CIT(E). Therefore, considering the reasons advanced being curable in nature we are of the considered view that the assessee applicant needs one chance to contest the merits of the dispute. Based on the overall facts as discussed herein above bench adopt a lenient view and feels that the assessee should be given one more chance to advance documents before the ld. CIT(E) as to the application for registration u/s 12AB of the Act. In view of all facts and circumstances, the matter is restored to the file of ld. CIT(E) for afresh adjudication by providing by adequate opportunities of being heard to the assessee with regard to the registrations of the trust u/s 12AB of the Act. Thus, the appeal of the assessee in ITA No. 339/JP/2025 is allowed for statistical purposes.
