Idam Braahmam Society Vs CIT (Exemption) (ITAT Hyderabad)
In the case of Idam Braahmam Society vs. CIT (Exemption), the ITAT Hyderabad reviewed an appeal against the CIT(E)’s order rejecting the society’s application for registration under section 12AB of the Income Tax Act, 1961. The rejection was based on the society’s failure to provide necessary documents due to the resignation of its secretary, who had not received the notice. The society claimed that the resignation led to their inability to respond, resulting in the application’s dismissal. The ITAT found the society’s explanation credible, as there was no apparent benefit for the society in deliberately missing the notice. Consequently, the tribunal directed the CIT(E) to reconsider the application on its merits after providing the society an opportunity to present the required documents. The appeal was thus allowed for statistical purposes, emphasizing the need for a fair review of the application in light of the circumstances described.
FULL TEXT OF THE ORDER OF ITAT HYDERABAD
Aggrieved by the order dated 20/12/2023 passed by the learned Commissioner of Income Tax (Exemption) (“Ld. CIT”), in the case of Idam Braahmam Society (“the assessee”) for the assessment year 2023-24, assessee preferred this appeal.
2. Assessee applied for registration under section 12AB of the Income Tax Act, 1961 (for short “the Act”), and the learned CIT(E) while recording that issuance of notices and granting opportunity the assessee did not produce the copy of the Memorandum of Association/trust deed for verification and to furnish any reply, rejected the application submitted in form No. 10AB seeking registration under section 12AB of the Act.
